Is defendant “entitled to credit under the Civil Service Retirement Act (CSRA) for time spent as a midshipman at the United States Naval Academy which was not used in calculating his military retirement benefit[?]”
No. “Congress provided a definition of ‘military service’ in the subchapter covering the Civil Service Retirement Act, but that definition does not alter the method to calculate length of military service provided in 10 U.S.C. ยง 971(b) or suggest that the OPM has the authority to do so.”
