Are Mids Active Duty?

LT360

LT360

C/O 2025 Dad
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Apr 9, 2021
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I searched around the forum but could not find anything specific. For my company benefits, dependents are not eligible for coverage if they are "active duty" in armed forces. Therefore if DS is "active duty" then I need to drop from coverage. PTR recommendation is to keep private insurance due to multiple reasons. Thus trying to determine if truly "active duty". Initial thought is that at least until 2-7, the Mids are students not fully active duty.

BTW, dropping DS from coverage does not reduce my out of pocket expense due to "family plan".
 
LT360 said:
I searched around the forum but could not find anything specific. For my company benefits, dependents are not eligible for coverage if they are "active duty" in armed forces. Therefore if DS is "active duty" then I need to drop from coverage. PTR recommendation is to keep private insurance due to multiple reasons. Thus trying to determine if truly "active duty". Initial thought is that at least until 2-7, the Mids are students not fully active duty.

BTW, dropping DS from coverage does not reduce my out of pocket expense due to "family plan".
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I can see this getting several different responses, just like the 'dependent' issue for tax purposes does every year. Since this is a company rule, I suggest you contact your HR dept and tell them the exact situation.
 
USNA midshipmen are paid a taxable salary at the midshipmen pay grade at the full duty rate, are subject to the Uniform Code of Military Justice 365/24/7, have an active duty CAC card, are subject to orders and administrative discipline, and have full TRICARE military and dental care active duty coverage. Their CAC card is their medical insurance card, which they can use at any military treatment facility or civilian hospital for emergency or urgent medical care away from their duty station. They are eligible for full SGLI coverage and are at USNA in a DUINS status, Duty Under Instruction, similar to other Navy pre-comm schools such as OCS. Full-time as a student (DUINS) regularly occurs during a military career, whether a short-term course, longer training for subs or aviation, or a full-time degree program. They are not in the Navy Reserve nor are they on Reserve duty.

I know the PTR makes that recommendation in case the midshipman is voluntarily or involuntarily separated. I would hope your plan allowed for a dependent to be added back as a “special event” outside the regular enrollment window. Let’s hope that is never the case!
 
LT360 said:
Thanks for the well laid out response Capt MJ
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Notice I didn’t actually say they were active duty, but the “walks like a duck” guidance is in play to my mind. There are some quirky things, such as their ability to voluntarily resign at any time, and the first two years, without obligation or payback. And the fact they are in a special probationary pre-comm status, which makes it easier to separate them quickly.
 
Capt MJ said:
I know the PTR makes that recommendation in case the midshipman is voluntarily or involuntarily separated. I would hope your plan allowed for a dependent to be added back as a “special event” outside the regular enrollment window.
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We’ve kept DD on our policies because it’s just easier, i.e. the policy covers “children,” which includes DS in high school, so nothing to be gained by dropping her. But we could’ve dropped her, once we learned that leaving an SA (knock on wood!) is a “qualifying event” that makes her eligible to be added back within 30 days. That’s no different from two spouses being on different plans, one spouse leaving their job, and then being added to the other spouse’s plan within 30 days.

Some parents leave their mids on for things like dental checkups when they’re home. Since DD’s I-Day, she’s strictly used TRICARE and they’ve taken good care of her, e.g. stress fracture, concussion, oral surgery, vision correction, plus regular checkups. (Knock on wood!)
 
Capt MJ said:
Notice I didn’t actually say they were active duty, but the “walks like a duck” guidance is in play to my mind. There are some quirky things, such as their ability to voluntarily resign at any time, and the first two years, without obligation or payback. And the fact they are in a special probationary pre-comm status, which makes it easier to separate them quickly.
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Yes I was very aware of your non-direct but thorough response.
 
10 U.S. Code § 101 states:

"The term “active duty” means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty."

38 U.S. Code § 1965, in the context of veteran's benefits, says something similar:

"The term “active duty” means—
(A)
full-time duty in the Armed Forces, other than active duty for training;
(B)
full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps [1] of the Public Health Service;
(C)
full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and
(D)
full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy."

Additionally, 38 Code of Federal Regulations § 17.31 states:

"Active duty for training means:
(1) Full-time duty in the Armed Forces performed by Reserves for training purposes.
(2) Full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health service during the period covered in paragraph (b)(2) of this section.
(3) In the case of members of the Army National Guard or Air National Guard of any State, full-time duty under sections 316, 502, 503, 504, or 505 of title 32 U.S.C., or the prior corresponding provisions of law.
(4) Duty performed by a member of a Senior Reserve Officers' Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 U.S.C. for a period of not less than four weeks and which must be completed by the member before the member is commissioned.
(5) Attendance at the preparatory schools of the United States Air Force Academy, the United States Military Academy, or the United States Naval Academy by an individual who enters the preparatory school directly from the Reserves, National Guard or civilian life, unless the individual has a commitment to service on active duty which would be binding upon disenrollment from the preparatory school.
(6) Authorized travel to or from such duty as described in paragraph (c) of this section if an individual, when authorized or required by competent authority, assumes an obligation to perform active duty for training and is disabled from an injury, acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident incurred while proceeding directly to or returning directly from such active duty for training. Authorized travel should take into account:
(i) The hour on which such individual began so to proceed or to return;
(ii) The hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel was performed; and
(vi) The immediate cause of disability."
 
I knew it was in the USC somewhere. So nice to have a team effort here to produce accurate responses.
 
i would think that if the MID is covered by military insurance (TriCare) or offered coverage by Tri Care then your company may not want to cover that dependent as a primary insurer. similar to how they dont want to cover a spouse if that spouse works and has coverage offered to them at their job.
 
And just for general information, from TRICARE.mil:


Active Duty Service MembersActive duty service members (including activated National Guard and Reserve members) can't use other health insurance as their primary insurance. TRICARE is the primary payer and coordination of benefits with other insurance carriers does not occur.
Active duty service members who have other health insurance (OHI) require an approval from Health Net Federal Service, LLC (HNFS) for all services.
 
Capt MJ said:
Notice I didn’t actually say they were active duty, but the “walks like a duck” guidance is in play to my mind.
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> That is exactly what went through my mind when I read what you wrote. I agree with the suggestion to talk with Company HR --never rely upon anonymous opinions on the internet. Midshipman are covered by TRICARE , so the question would be whether the dependent could get back onto the family plan if he /she is separated for some reason.
 
That reminds me that next May, we can take him off our policy. I wonder if the premiums will change?
Something to possibly look forward to!
 
Capt MJ said:
And just for general information, from TRICARE.mil:


Active Duty Service MembersActive duty service members (including activated National Guard and Reserve members) can't use other health insurance as their primary insurance. TRICARE is the primary payer and coordination of benefits with other insurance carriers does not occur.
Active duty service members who have other health insurance (OHI) require an approval from Health Net Federal Service, LLC (HNFS) for all services.
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So it seems having a MID at home use parents family Dental Insurance is not allowed. I wonder if my MID can use TRI Care with a local dentist while on leave? Seems like Dental at USNA is on COVID 19 limited status.
 
Capt MJ said:
Notice I didn’t actually say they were active duty, but the “walks like a duck” guidance is in play to my mind. There are some quirky things, such as their ability to voluntarily resign at any time, and the first two years, without obligation or payback. And the fact they are in a special probationary pre-comm status, which makes it easier to separate them quickly.
Click to expand...
I consistently wish that I worked with colleagues who think and express themselves in the clear, thoughtful and seasoned way that @Capt MJ does every day
 
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Sometimes your employer doesn’t need to know ... too much info.
.
 
Answer to the OP question is Yes. I found this on the USNA Website: "Naval Academy students are midshipmen on active duty in the U.S. Navy."

www.usna.edu

About USNA

About USNA page for Leaders to Serve the Nation at USNA.edu. Updated Tue Mar 25 04:31:14 EDT 2025.
www.usna.edu
 
It is important to note that in most cases, those 4 years do not count toward retirement.
In case anyone was doing the math, and figuring that their MIDN would be able to retire at the age of 38.
 
THParent said:
It is important to note that in most cases, those 4 years do not count toward retirement.
In case anyone was doing the math, and figuring that their MIDN would be able to retire at the age of 38.
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MIDN are not allowed to participate in the blended retirement system either....however, since they do have "earned income", they can contribute to a Roth or Traditional IRA. By the way, the $ funding the IRA does not have to come from them. They just have to have earned income up to or more than the amount contributed to the IRA.
 
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