Research - Rehabilitation - Re-Employment

Sgt. Shaft 06/28/99

Dear Sgt. Shaft:
I was drafted for two years into the Army in 1968 and went immediately to Vietnam after my four months of basic and advanced artillery training and a few weeks of leave. During those two years, the Army had a policy that if a soldier returned to the U.S. from Vietnam with five months or less to go before the two years' draft period was over, the person was given an immediate discharge. (The apparent rationale was that two or so months in Vietnam was more valuable to the Army than seven months of lame duck status here in the United States.) However, for G.I. Bill education purposes, credit would be given for the full two years.

I extended in Vietnam until I had five months Army service left, returned to the U.S. and received an honorable discharge the next day. My DD214 shows total active service of one year, seven months, and four days. I eventually took advantage of my education benefits and then went to work in the U.S. Civil Service. I am now nearing retirement and wondered if there is any possibility that I am entitled to the full two years of military service toward my 30 years of government service necessary for retirement vs. the one year and seven months.

Phil S.
U.S. Civil Servant

Dear Phil:
Here's the response from the head honcho and chief of the Office of Personnel Management (OPM) Retirement and Insurance Service Division, Ed Flynn, who himself is a decorated Vietnam combat vet: "Both the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) allow an employee to credit military service toward the total years of service necessary to qualify for retirement and for computation of benefits. The military service must be active, honorable service rendered for the United States, and performed before the date of separation from civilian service upon which the annuity entitlement is based. Military service performed after 1956 is subject to a deposit requirement.

"The military service must be active. Many employees have performed periods of inactive service for the military, especially for the Reserves, but only active service is creditable for CSRS and FERS. In the type of situation you have described, only the period of actual active service recorded by the Army on the discharge certificate (Form DD-214) can be credited for civilian retirement. Because of the specific statutory nature of the credit rules, the fact that another federal program (G.I. Bill education) may have deemed the period following the discharge to satisfy their eligibility criteria would not make the period creditable for CSRS or FERS purposes."

Dear Sgt. Shaft:
As a combat veteran (U.S. Navy WWII-Pacific), I want to thank you for your articles in The Washington Times. I know the information you provide has assisted many veterans who have placed their faith and confidence in you for help.

I am president of an organization of veterans and as such, I am always on the "lookout" for sources of information that could be helpful to my shipmates. You are one of the best sources I know so I would like to ask you if you would permit me to place a brief notice about you in one of our forthcoming newsletters. Inasmuch as our members are not resident of the area served by the Times, I would, of course, advise them to include a self-addressed, stamped envelope when writing to you.

On another point, I note the frequent erroneous reference to "winners" of the Congressional Medal of Honor. It's a common error made my many journalists and you can help correct this misnomer by emphasizing that those who are awarded the Medal are "recipients," not "winners."

Dan Kriss
Herndon, VA

Dear Dan:
Thanks for the kudos. You should have received the Shaft bio by now. And the Sarge stands corrected. Those receiving the most sacred and prestigious military award are indeed "recipients" of the Congressional Medal of Honor.

Shaft Kudos

To Secretary of Labor Alexis M. Herman for highlighting and enforcing anti-discrimination against veterans laws. One piece of legislation protecting veterans from discrimination is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which was signed into law October 13, 1994. Section 4311 of USERRA states that "[a] person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation." This section prohibits discrimination in employment against veterans, among others, because of their status as veterans. There is no statute of limitations with respect to the filing of discrimination suits under USERRA. One section of USERRA provides that the Secretary of Labor take action to inform veterans and employers of the rights of veterans under the Act and another provides that "[i]t is the sense of Congress that the federal government should be a model employer in carrying out the provisions of this chapter." Secretary Herman clearly intends that the Department of Labor be a model employer when it comes to the treatment of veterans: "We will ensure that the federal government and agencies are informed about the rights and benefits provided veterans and the obligations of all employers under this law, and that the veterans' and employer communities are made aware of their respective rights and obligations under USERRA." Anyone having questions regarding veterans rights under USERRA should contact Rob Wilson, Chief of Compliance Programs, at the Department of Labor's Veterans Employment and Training Service (VETS), 202-219-8611.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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