- Joined
- Mar 14, 2014
- Messages
- 6,914
Interesting case given mids and cadets, per federal statute, are active duty. Veteran status, however, at least since Sep. 1980, is somewhat more exclusive:
https://www.law.cornell.edu/cfr/text/38/3.12a
The above doesn't seem to include the reason why the court, according to the article, denied his petition.
I would agree but the explanation given by Justice Donohue doesn't seem to use that as a basis:My reading is not having 24 months of "active duty" disqualified Mr. Blake. According to the article, he left after about 18 months.
I would agree but the explanation given by Justice Donohue doesn't seem to use that as a basis:My reading is not having 24 months of "active duty" disqualified Mr. Blake. According to the article, he left after about 18 months.
"We conclude that the General Assembly did not intend to bestow a veteran’s preference to someone who was a cadet at a military academy, but never obligated himself to perform, or otherwise undertook, any subsequent military service...Blake went to college. He did not serve in the armed forces of the United States and thus he is not a ‘solider’. He is not entitled to receive a veterans’ preference when applying for civil service jobs in this commonwealth.”
Seems like it would have been easier to just show he didn't have the 24 months.
I was told similar when I was a GO's aide: "Captain...regulations did not come engraved on a tablet and carried by "General" Moses. They are for the GUIDANCE of the commander, not Holy writ!""Non-deployable..." - I had a boss who used to say if a regulation or policy "wasn't carved on a stone tablet and tucked under Moses' arm," it could be changed.