Does my military service count towards leave accrual?
I was medically retired in 2014 after 10 years of active duty in the US Army. My agency included my service time in my leave accrual so that I was receiving 6 hours per pay period. After a break in federal service, I returned as a GS employee at 4 hours leave accrual and was told that my prior service did not count towards my leave accrual and that my previous agency had somehow made a mistake.
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It does not appear your first agency was correct. And I have to respond in two comment boxes as my response is too long.
b. Restrictions on Credit for Military Retirees. Section 6303 of title 5, United States Code, restricts the amount of leave accrual credit military retirees receive for their active duty service. This section contains specific language on the treatment
of uniformed service for leave accrual purposes and differs from the way this service is treated for civil service retirement purposes. This is an exception to the general rule that ties service credit for retirement and leave accrual.
(1) Definition of military retiree. For leave accrual purposes, a military retiree is any member or former member of the uniformed services who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member. Uniformed services retirees include persons on their service’s Temporary Disability Retirement List (TDRL) and Navy and Marine Corps personnel who have been transferred to the Fleet Reserve. Note that the definition is based on an entitlement; waiving the actual pay has no impact on whether the person is a military retiree.
(2) Exemptions from the restrictions. Military retirees may receive credit for all active military service only if one of the following three conditions is met:
(a) the uniformed services retirement was based on disability that either resulted from an injury or disease received in the line of duty as a direct result of armed conflict or was caused by an instrumentality of war and was incurred in the line of duty during a period of war as defined in sections 101 and 301 of title 38, United States Code.
(b) the uniformed services retiree was employed in a civilian position subject to the Leave Act on November 30, 1964, and has been continuously employed without a break in service of more than 30 days since that date.
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(c) the individual first becomes eligible for a uniformed services annuity while serving as a civilian employee. This includes reservists who qualify for an annuity, as well as employees who are recalled to active duty, qualify for uniformed services retirement, and then are restored to Federal civilian employment. This exemption applies only to the current period of civilian employment. If the employee separates and is reemployed later, the restrictions will apply.
(3) Creditable service. For military retirees who do not qualify for one of the exemptions in (2) above, credit for active duty uniformed service is limited to service in the armed forces during a war or in a campaign or expedition for which a campaign badge has been authorized.
(a) Service must have been in the Armed Forces (Army, Navy, Air Force, Marine Corps, or Coast Guard). Service in the commissioned officer corps is only creditable if it was in the Armed Forces – for example with the Public Health Service subject to full military benefits or while part of the Armed Forces.
(b) Service during a war is creditable regardless of where the person served or what duties were performed. The last war for leave accrual credit purposes was World War II which officially began on December 7, 1941, and ended on April 28, 1952.
(c) Service in a campaign or expedition for which a campaign badge has been authorized is creditable only for the actual service in or as a part of the campaign or expedition. For example, if a military retiree was on active duty for the entire period of the Vietnam campaign but served in that campaign for 14 months, the retiree is entitled only to the 14 months campaign service credit. He or she is not entitled to credit for time on active duty outside of the campaign area. The VetGuide, available on
the Office of Personnel Management’s website (http://www.opm.gov), contains a list of campaigns and expeditions.
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