Service academy time and annual leave accrual

Q. I’ve been getting mixed messages about whether service at the armed forces military academies is creditable for annual leave accrual purposes. I’ve read Q&As on your site that say it is, but my human resources people say that it isn’t. Who’s right?

A. According to the Office of Personnel Management:

“Section 1115 of the NDAA for FY 2008 is the applicable provision of law that explicitly makes academy service time creditable for retirement — and therefore for annual leave accrual purposes.

“Section 1115 of the NDAA amended title 5 United States Code so that it explicitly made academy service time creditable toward retirement for both CSRS and FERS employees. Service is creditable retrospectively, as well as prospectively. Here is the Section 1115 text-

“SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.-Section 8331(13) of title 5, United States Code, is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.-Section 8401(31) of such title is amended by striking “but” and inserting “and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but
(c) APPLICABILITY. The amendments made by this section shall apply to
(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act; and
(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.

“In terms of credit for annual leave accrual purposes, it’s important to understand how the statute governing service credit for annual leave accrual purposes is written. 5 U.S.C. 6303 (a) provides that service which would be creditable for CSRS retirement purposes is creditable for determining an employee’s years of service for leave accrual purposes. Once one understands the 5 U.S.C. 6303(a) text, it becomes clear that, since academy service time is creditable for retirement purposes, it is creditable for purposes of determining an employee’s annual leave service credit date.

“Here is the title 5, chapter 63 reference —

“5 U.S.C. 6303 (a)-

“…In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if–
(A) his retirement was based on disability–
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as
defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days…”

“Therefore, academy service time is creditable for annual leave accrual purposes. For military retirees who have had academy service time, the restrictions of 5 U.S.C. 6303(a)(A)-(C) would of course apply.”