Military Service Credit from TMRS for CAP?

[DrJbdm]

Ok, I was approached by my boss about this a few weeks ago. My boss is familiar with CAP and he also served with the Air Force many years ago after getting out of college, he wanted to know if this meant I was eligible for this credit. He is the Chief Administrator and would be the one to sign the form.

It seems that the Texas Municipal Retirement System (TMRS) has a form for members to apply military service credit for their municipal retirement time or length of service, now this is time only, no money added into the retirement calculations.

It seems that section two of this form includes the following language:

Member Certification
I hereby apply for months of Military Service Credit (not to exceed 60 months) with the Texas Municipal Retirement System, and I certify that:
■■ I am currently employed by the certifying city.
■■ I served active duty in the Armed Forces of the United States (or its auxiliaries) during the following dates:

      I am not entitled to a federal military retirement benefit based on this service; nor have I received Military Service
Credit for this service from any other public retirement system or program under the laws of the State of Texas.

   Now the question I pose is, does the term "or its auxiliaries" include CAP? What about the Coast Guard Auxiliary? A review of the term military auxiliary in Google brings up CAP and USCG Aux as its definitions. So, does this mean I can receive 60 months of service credit for my USAF Auxiliary (CAP) time? I pose the question here before I feel I can reply confidently to my boss, thanks for the help.

   

[Mitchell 1969]

You're wasting your time here.

The ONLY people who can give meaningful answers as to applicability of anything related to TMRS provisions are the people at TMRS. Anything you get here will not rise above the level of "informed opinion," with very little reaching that level. The overwhelming majority of answers here will be uninformed opinion, guesses, wishes and speculation.

[lordmonar]

You might be lucky and find that one guy from TXWG who tried to get this credit.....but good luck.

Now for my uniformed non-lawyer, non-TX person's opinion......if it says "or their auxiliaries" that would be CAP so I would give it a try.

Good Luck!

[Eclipse]

+1 on TMRS being the only authority here since this is costing them money (time-only notwithstanding, it still equates to
them writing a check, maybe a little earlier then expected).

My guess would be it's "no", if only because of the potential for abuse, but then I'm from a state where 4 of the last 7 governors
have gone to jail.

If someone with the write pen says "yes", good on 'ye.

[jeders]

As the others have said, the only people that can help you are the TMRS people, whoever they may be. However, as a former TXWG member and someone who has lived here more than 20 years, I can say that Texas is, at least in their legislation, very supportive of military auxiliaries. The language cited, in my non-lawyer non-TMRS opinion, absolutely includes CAP.

[JeffDG]

As the others have said, the only people that can help you are the TMRS people, whoever they may be. However, as a former TXWG member and someone who has lived here more than 20 years, I can say that Texas is, at least in their legislation, very supportive of military auxiliaries. The language cited, in my non-lawyer non-TMRS opinion, absolutely includes CAP.

I think the "auxiliaries" language fits CAP, however the question then becomes...what constitutes "served active duty in" CAP?

[jeders]

In my experience, it means be a member in good standing. There's similar language that allows CAP members to not have to pay the state processing fee for a concealed carry license and that generally requires a letter from your commander affirming that you are a member in good standing.

[Garibaldi]

As the others have said, the only people that can help you are the TMRS people, whoever they may be. However, as a former TXWG member and someone who has lived here more than 20 years, I can say that Texas is, at least in their legislation, very supportive of military auxiliaries. The language cited, in my non-lawyer non-TMRS opinion, absolutely includes CAP.

I think the "auxiliaries" language fits CAP, however the question then becomes...what constitutes "served active duty in" CAP?

How old is this law? I'm wondering if it refers to CAP of old, when we were serving during WWII and they never changed it.

[Eclipse]

Ignore - tried to correct a typo, wound up replying.

[AirAux]

Regulation says, "I served active duty in the Armed Forces of the United States (or its auxiliaries) during the following dates:"

There is no way that voluntary participation in Civil Air Patrol counts as "active duty"..  Nice try though.

[LSThiker]

The quote that you have cuts off at "following dates".  What were those following dates?

Also, looking at their website:

Military Service Credit

Credit for military service from which you terminated on honorable terms and for which you are not receiving (and are not eligible to receive) federal military retirement payments. Other conditions will apply. Time in Armed Forces Reserves or National or State Guard counts only if your service was performed on active duty status, as certified on form DD-214.

Again, the only people authorized to answer this are the representatives for the TMRS.

[AirAux]

I believe claiming voluntary Civil Air Patrol time as "active duty" is getting awfully close to stolen valor..  JMHO.

[Garibaldi]

I believe claiming voluntary Civil Air Patrol time as "active duty" is getting awfully close to stolen valor..  JMHO.

The difference here is, at least in Texas, it is law. We do not, at least the majority of us do not, claim falsely of having served. There are exceptions to this, of course (Wonder Woman comes to mind). I do see the possibility of the law being abused, though.

[JeffDG]

I believe claiming voluntary Civil Air Patrol time as "active duty" is getting awfully close to stolen valor..  JMHO.

The difference here is, at least in Texas, it is law. We do not, at least the majority of us do not, claim falsely of having served. There are exceptions to this, of course (Wonder Woman comes to mind). I do see the possibility of the law being abused, though.

I'd like to see a definition in the statute or regulations of "active duty" before I would claim same.  But if the definition works, then you're simply claiming rights to which you are legally entitled.

[Eclipse]

Well, by definition it wouldn't apply to current members, and CAP doesn't have an "honorable" category of termination.

"Voluntary", yes, but not "honorable" per se.

[sarmed1]

Reading thru their site info, it specifically refers to "active duty time (not reserves)"; besides auxillary, it mentions the state guard.  I would assume that they are refering to any reason on "full time status"  Which both NG and SG can be on "full time orders".  I get that you may be called to active status as a memebr of the National Guard (state or federal) and maybe voluntarilly serving on full time title 36 (or is it 32) for the state guard, receiveing pay; but I dont know of any instance that would happen to CAP members.

MK

[catrulz]

When the NG or SG is activated by the state, it's under Title 32.  The reserves and regular armed forces, and NG when called to active duty in a federal status is under Title 10.

[RiverAux]

Yep, two questions need answers:
1.  What dates did they include.  I strongly suspect that the dates are around WWII when there were several other auxiliaries besides CAP active in the war effort. 

2.  Does the law define active duty? 

Depending on how those are answered, it may be possible for CAP time to apply. 

[jeders]

Yep, two questions need answers:
1.  What dates did they include.  I strongly suspect that the dates are around WWII when there were several other auxiliaries besides CAP active in the war effort. 

2.  Does the law define active duty? 

Depending on how those are answered, it may be possible for CAP time to apply.

The above is from a form, so most likely the "included dates" are the dates you served, not a range of dates that they allow.

[Garibaldi]

Well, by definition it wouldn't apply to current members, and CAP doesn't have an "honorable" category of termination.

"Voluntary", yes, but not "honorable" per se.

Honorable=leaving on good terms
Dishonorable=2B.