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B-195448 1 (1980-04-03)

handle is hein.gao/gaobadttt0001 and id is 1 raw text is: DECISION FILE: B-195448 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O.C. -0548 103 (DATE: April 3, 19bO MATTER OF: Retirement credit for academy service as a cadet or midshipman OIGEST: Section 971 of title 10, U.S. Code, provides that cadet or midshipman service at a service academy may not be included in the computation of length of service for any purpose of an officer. 10 U.S.C. 971. However, this does not preclude the crediting of such service for the purposes of determining the eligibility of an enlisted member to retire under 10 U.S.C. 8914. Service as a cadet or midshipman at one of the academies is service in the Navy, Army, or Air Force since the academies are integral parts of those services. The following question has been presented for advance decision: May a member count his cadet time spent in a Military Academy under the provisions of 10 U.S.C. 8911 or 8914 for retirement purposes? The answer is that service as a cadet or midshipman at a service academy is creditable for the purpose of determining eligibility for retirement under 10 U.S.C. 89144enlisted retirement) but is not creditable for a member retiring under 10 U.S.C. 8911V(commissioned officer retirement). This question was asked by the Assistant Secretary of Defense and he enclosed with it Department of Defense Military Pay and Allowance Committee Action No. 545, con- taining a discussion of the question. A factual situation typifying other cases is pre- sented in the Committee Action. Staff Sergeant -, USAF, , enlisted in the Regular Army on May 28, 1957. On July 6, 1959, he was released from I

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