Writer_12_VA
New Member
- Joined
- Oct 23, 2024
- Messages
- 7
This is an update to a post I made a few weeks ago about my Agency's HR refusal to allow me to buy back my Service Academy time. I am proud to report that today they sent me my paperwork to buy back my USNA time as well as my Active-Duty time. This is huge considering they were saying things before like "Who told you that you could buy that time back?", "That was training time. It does not count", and "Even if you can buy it back, you don't have the proper documentation." Thanks to the research I did, as well as the help of members like Captain MJ, they did a complete 180 on their initial tune.
The reason I am posting this is because it seems like a lot of Academy grads universally experience difficulty in buying this time back. Just know that it is entirely legal and you only need your transcripts plus the estimated earnings from DFAS. If your HR says otherwise, they are wrong.
Below are all the links I sent HR. If this information suffices with as hostile an HR department as I had to deal with, this information should be more than enough to explain to any reasonable HR person what the law and OPM say about this matter. Please send to any Vet who might need this in the future.
38 CFR that shows definitions of active duty. (Search Academy to find it easier)
https://www.ecfr.gov/current/title-38/chapter-I/part-17/subject-group-ECFRe9361d5a51078ea
Section 1115 of the 2008 NDAA codifying Service Academy time as allowed to be bought back into law (Search just 1115 to find it easier)
https://www.congress.gov/110/statute/STATUTE-122/STATUTE-122-Pg3.pdf
5 USC as amended after the 2008 NDAA with the updated wording. (Search Academy to find it easier)
https://www.law.cornell.edu/uscode/text/5/8331
See page 7 of the pdf for FERS retirement handbook describing Academy time as military service for FERS (Search Academy if you can’t find it easily)
https://www.opm.gov/retirement-center/publications-forms/csrsfers-handbook/c022.pdf
This OPM decision from 2021 does a good job of tying everything together. In it, it clearly states that OPM follows Section 1115 of the 2008 NDAA to allow Service Academy time to be bought back. The case was about an employee who was a Service Academy grad AND retired. The case found that for retirees who are also Service Academy grads the service computation date for leave purposes is not allowed while Service Academy time for non-retirees like myself CAN adjust my service computation date for leave accrual purposes based on Academy time.
https://www.opm.gov/policy-data-ove...sions/compensation-leave/claims/2021/20-0030/
DFAS list of acceptable documents to prove service:
https://www.dfas.mil/civilianemployees/militaryservice/militaryservicedeposits/accepteddocuments/
Additionally, I found an OPM decision that matches my fact pattern to a tee. This was a case that came out in 2008 right after the NDAA was signed into law. In this case, OPM states clearly that Academy time is creditable for FERS purposes as well as my service computation date for leave purposes can also be adjusted to reflect my time at a Service Academy.
Here is that OPM decision:
https://www.opm.gov/policy-data-oversight/pay-leave/claim-decisions/decisions/2008/06-0018.pdf
The reason I am posting this is because it seems like a lot of Academy grads universally experience difficulty in buying this time back. Just know that it is entirely legal and you only need your transcripts plus the estimated earnings from DFAS. If your HR says otherwise, they are wrong.
Below are all the links I sent HR. If this information suffices with as hostile an HR department as I had to deal with, this information should be more than enough to explain to any reasonable HR person what the law and OPM say about this matter. Please send to any Vet who might need this in the future.
38 CFR that shows definitions of active duty. (Search Academy to find it easier)
https://www.ecfr.gov/current/title-38/chapter-I/part-17/subject-group-ECFRe9361d5a51078ea
Section 1115 of the 2008 NDAA codifying Service Academy time as allowed to be bought back into law (Search just 1115 to find it easier)
https://www.congress.gov/110/statute/STATUTE-122/STATUTE-122-Pg3.pdf
5 USC as amended after the 2008 NDAA with the updated wording. (Search Academy to find it easier)
https://www.law.cornell.edu/uscode/text/5/8331
See page 7 of the pdf for FERS retirement handbook describing Academy time as military service for FERS (Search Academy if you can’t find it easily)
https://www.opm.gov/retirement-center/publications-forms/csrsfers-handbook/c022.pdf
This OPM decision from 2021 does a good job of tying everything together. In it, it clearly states that OPM follows Section 1115 of the 2008 NDAA to allow Service Academy time to be bought back. The case was about an employee who was a Service Academy grad AND retired. The case found that for retirees who are also Service Academy grads the service computation date for leave purposes is not allowed while Service Academy time for non-retirees like myself CAN adjust my service computation date for leave accrual purposes based on Academy time.
https://www.opm.gov/policy-data-ove...sions/compensation-leave/claims/2021/20-0030/
DFAS list of acceptable documents to prove service:
https://www.dfas.mil/civilianemployees/militaryservice/militaryservicedeposits/accepteddocuments/
Additionally, I found an OPM decision that matches my fact pattern to a tee. This was a case that came out in 2008 right after the NDAA was signed into law. In this case, OPM states clearly that Academy time is creditable for FERS purposes as well as my service computation date for leave purposes can also be adjusted to reflect my time at a Service Academy.
Here is that OPM decision:
https://www.opm.gov/policy-data-oversight/pay-leave/claim-decisions/decisions/2008/06-0018.pdf
