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. 

[Anthony@CAP]

I'm certainly not qualified to answer the question, but you can read the law here: http://www.statutes.legis.state.tx.us/Docs/GV/pdf/GV.853.pdf (Subchapter F. Military Service)

In regards to some questions posed here the law seems to clarify some and leave others open.

1) The most important question is what constitutes "Active Duty," which the TMRS law doesn't address specifically. You'll have to figure this one out with them. I would imagine they will fall back on the definition used by the Military which can be found in Title 10: "The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty."  (You would need to confirm this)

2) With regards to discharge, the law only specifies that "the person's military service was terminated by release from active duty or discharge on terms not dishonorable;" so you would be good on that count as long as it wasn't dishonorable (2B with termination for cause)

3) The dates section is from the form and is referring to your service dates, not generally allowable dates.

4) The credit for military service section of the law wasn't added until 1981 or 1989 (Depending on the section) - so I would say it is safe to assume that the speculation regarding WWII Auxiliary Service having an effect is negligible.

But you really need to ask the TMRS or a lawyer to provide you with a better understanding. They have an FAQ here: http://www.tmrs.org/how_member_credit_military.php it doesn't address Auxiliary's specifically, but does clarify that your non-Active Duty time in the Reserves and National Guard does not count, so I would imagine the same would apply to CAP, i.e. only those times you were called to active duty count (so my assumption would be never).

[Garibaldi]

I'm certainly not qualified to answer the question, but you can read the law here: http://www.statutes.legis.state.tx.us/Docs/GV/pdf/GV.853.pdf (Subchapter F. Military Service)

In regards to some questions posed here the law seems to clarify some and leave others open.

1) The most important question is what constitutes "Active Duty," which the TMRS law doesn't address specifically. You'll have to figure this one out with them. I would imagine they will fall back on the definition used by the Military which can be found in Title 10: "The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty."  (You would need to confirm this)

2) With regards to discharge, the law only specifies that "the person's military service was terminated by release from active duty or discharge on terms not dishonorable;" so you would be good on that count as long as it wasn't dishonorable (2B with termination for cause)

3) The dates section is from the form and is referring to your service dates, not generally allowable dates.

4) The credit for military service section of the law wasn't added until 1981 or 1989 (Depending on the section) - so I would say it is safe to assume that the speculation regarding WWII Auxiliary Service having an effect is negligible.

But you really need to ask the TMRS or a lawyer to provide you with a better understanding. They have an FAQ here: http://www.tmrs.org/how_member_credit_military.php it doesn't address Auxiliary's specifically, but does clarify that your non-Active Duty time in the Reserves and National Guard does not count, so I would imagine the same would apply to CAP, i.e. only those times you were called to active duty count (so my assumption would be never).

Wondering if Georgia has a similar law on the books...

[Eclipse]

Many states now have job protection for times when CAP is activated for ES during working hours, and
those states define what constitutes eligibility for those protections, generally its some official
document from the Wing CC or similar indicating the nature and duration of the activation.

That's the nearest you're ever going to get to "active duty" in a CAP context. 

I've had that happen to me, and as far as I know in my entire wing, exactly once in 15 years, for Katrina.
We had official orders cut by the Wing CC and issued in our names because there was some concern
regarding A-Status coverage and travel into the DA.

[DrJbdm]

     Thanks for all the replies, I tried to log on and reply to this earlier but AT&T U-Verse seems to love keeping me in the dark ages for days at a time. I agree with the consensus that the only truly accurate answers will come from TMRS itself. I had the initial thought that when the form stated "or its auxiliaries" that TMRS may be talking specifically about the National Guard or the reserve components of the active duty military and stated "auxiliaries" versus further clarifying National Guard or Reserve Components.

      I did find this small section in the law that Anthony@CAP posted on his excellent reply:

Sec. 853.502. OTHER MILITARY SERVICE CREDIT. (a) The
governing body of a participating municipality by ordinance may
authorize eligible members in its employment to establish credit in
the retirement system for active military service performed as a
member of the armed forces or armed forces reserves of the United
States or their auxiliaries, for which service the members do not
receive credit under Section 853.501.

      However, as Anthony@CAP pointed out, I am not sure you could make much of a claim for active duty service in CAP, even if you did add up all the week long schools or other 'A' missions that were performed over the course of ten plus years in CAP. I might be able to make a claim for a month or two, but not much more than that, hardly worth the effort in that case. I do think a call to TMRS is in order to clarify. The form does state that a DD-214 or its equivalent is needed to claim the credit for time. Not sure that CAP has anything that would constitute an equivalency to a DD214.

     It would be very interesting if they did recognize the time with CAP, doubtful but what a game changer in Texas for government employees enrolled with TMRS.

[RiverAux]

I don't see the "active" stuff as a big deal.  As far as CAP is concerned it doesn't take much to be considered an active member -- heck, wasn't that actually defined in a recent reg change somewhere.  Remember, you're on CAP duty when you're at meetings, etc.  Its not just time spent on AFAMs. 

But, again it doesn't even matter what CAP says, it is what the pension system says.  If they say you get credit for years of CAP membership, thats fine too.

While this reg apparently wasn't done during WWII, it was pretty common at the time of its adoption for various institutions to recognize WWII auxiliary organizations such as the WACS.  I still strongly suspect that is what they meant, but the actual language would include CAP. 

[Mitchell 1969]

     Thanks for all the replies, I tried to log on and reply to this earlier but AT&T U-Verse seems to love keeping me in the dark ages for days at a time. I agree with the consensus that the only truly accurate answers will come from TMRS itself. I had the initial thought that when the form stated "or its auxiliaries" that TMRS may be talking specifically about the National Guard or the reserve components of the active duty military and stated "auxiliaries" versus further clarifying National Guard or Reserve Components.

      I did find this small section in the law that Anthony@CAP posted on his excellent reply:

Sec. 853.502. OTHER MILITARY SERVICE CREDIT. (a) The
governing body of a participating municipality by ordinance may
authorize eligible members in its employment to establish credit in
the retirement system for active military service performed as a
member of the armed forces or armed forces reserves of the United
States or their auxiliaries, for which service the members do not
receive credit under Section 853.501.

      However, as Anthony@CAP pointed out, I am not sure you could make much of a claim for active duty service in CAP, even if you did add up all the week long schools or other 'A' missions that were performed over the course of ten plus years in CAP. I might be able to make a claim for a month or two, but not much more than that, hardly worth the effort in that case. I do think a call to TMRS is in order to clarify. The form does state that a DD-214 or its equivalent is needed to claim the credit for time. Not sure that CAP has anything that would constitute an equivalency to a DD214.

     It would be very interesting if they did recognize the time with CAP, doubtful but what a game changer in Texas for government employees enrolled with TMRS.

You picked a bad time to try bolstering a public pension. If public employees, labor unions, politicians or taxpayers learned that somebody was able to bolster their public pension by rolling in their time in a volunteer service organization, you'd need earplugs to protect you from the combined screaming of bloody murder that would be heard from the Rio Grand to Niagara Falls.

[AirAux]

Requirement says 'active duty" not "active member".  We are not military and we have not been on "active duty".  I served in the military and there is more than a wee bit of difference.  I would be embarrassed and ashamed of any CAP member that tried to equate the two.  Next I guess we will be trying for veteran status??

[Storm Chaser]

I suspect that by "or its auxiliaries", they actually meant " or its reserve components". Granted, that's not what it says.

[Brad]

Requirement says 'active duty" not "active member".  We are not military and we have not been on "active duty".  I served in the military and there is more than a wee bit of difference.  I would be embarrassed and ashamed of any CAP member that tried to equate the two.  Next I guess we will be trying for veteran status??

I'd wager that's simply an uninformed bureaucrat using general language instead of intentionally grouping "active duty" with "active member" as most people aren't generally aware of CAP unless we take the time to explain it, much less the fact that we're not actually in the military.

[lordmonar]

And now the fun begins.

Now we get the "How dare you compare"
And the "Webster's defines Active Duty as"


Give it a break.

[CAP_truth]

As I looked at the law, I think what they are referring to is an employee who received orders to report for active duty would get credit to retirement for time they were deployed.

[DrJbdm]

I have plans to call TMRS on Monday and speak to them. My thought is that they are specifically referring to reserve or NG personnel. Yes, the language is misleading, and they may have to stand behind that language if someone ever decided to push the issue, although for the life of me I can't understand why someone would do that. All they are offering is up to 60 months of service time on your TMRS retirement account, not the money with it. Time is not nearly as valuable as the money that goes along with it. I could have the time pretty quick with what I have applied from other qualifying plans I was in, but the money isn't there. I'm not eligible to retire with full money for about another 10 to 15 years. Unfortunately, I lost more then seven years of both time and money because my last agency was not a TMRS member city, they chose to give us 401K plans instead.

If TMRS does choose to recognize CAP as being a military auxiliary and awards service time for said service, then that is their right to do so and regardless of anyones personal feelings on the issue, there is nothing wrong with that. I would be highly surprised if that is the case however.

[The CyBorg is destroyed]

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.

:oMaster Sergeant, we agree!

Without the phrase "or their auxiliaries" I would say the member's position is dodgy at best.

This can vary widely by state and/or employer.

My own personal experiences were widely varied.

At one job interview, the interviewer did not like anything to do with the military (he was a Mennonite)...so I did not get hired.

Most of the time, when being interviewed for a job where the employer had not heard of CAP (one said, "Yes, I have, but I did not know it still existed!") I usually used a variation of the following spiel.

"We are the volunteer civilian Auxiliary of the Air Force.  We do not have drill weekends or summer UTA's, nor are we subject to callup like the Air National Guard or Air Force Reserve.  We give our time as we have it available."

That usually got good results.

There were interesting things that happened because of CAP.  I got excused from jury duty because of CAP.  Even though I explained to the judge what CAP was, he took the (friendly, I might add) attitude, "If something major happens, the country is going to need you more than we do.  You are excused, and thank you."

Another time my CAP membership helped me with a job.  The interviewer, who became my boss, was retired Air Force and had served in Vietnam (Thailand actually).  He said, "Yes, I used to see CAP people doing this and that on various bases where I was stationed.  It always amazed me the job they did for no pay."

However...a former "friend" of mine who was a manager type just did not get it.  He was talking more about the Guard/Reserve than CAP but he said, "no way would I ever hire someone in any military component...reserves get called up every time Saddam Hussein farts, and that's a pain in the ass for a manager to deal with."

[Storm Chaser]

Wow! So active duty and auxiliary (e.g. CAP) service counts, but not Guard or Reserve? After all, it's not spelled out.

[Sapper168]

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. 

So you are saying 2B or not 2B....

[The CyBorg is destroyed]

Wow! So active duty and auxiliary (e.g. CAP) service counts, but not Guard or Reserve? After all, it's not spelled out.

Curious indeed.

Then there is SDF/State Guard service...

[Storm Chaser]

Wow! So active duty and auxiliary (e.g. CAP) service counts, but not Guard or Reserve? After all, it's not spelled out.

Curious indeed.

Then there is SDF/State Guard service...

SDFs/State Guards can be activated by the state, which is their state equivalent to federal active duty service. The closest thing in CAP would be when activated for a mission. I doubt "or its auxiliaries" refers to just being an active member of CAP.

[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. 

So you are saying 2B or not 2B....

Well, that IS the question. Whether it is nobler blah blah blah

[Mitchell 1969]

I have plans to call TMRS on Monday and speak to them. 

So, how did it go?

[flyboy53]

Don't read between the lines on this one. Credit for retirement in a state retirement system varies from state to state based on the laws of that state.

Generally, the qualifier is any form of federal active duty or any type of call-up, mobilization or orders under U.S. Code, Title 10...the same stipulation that would qualify someone for veterans benefits. CAP never got to that point and the efforts during the 50s that resulted in "Honorable Discharge" certificates didn't include DD Form 214s of their equivalent.

In this instance, the term Auxiliary means one of two things: Either those 24 or so special groups of people that are entitled to veteran's benefits to include civilians serving or being held POW in a war zone or those things like the State Guard, State Militia or State Defense Force who are called to active duty under U.S. Title 32 and are paid for their active duty service through the state.

[RiverAux]

Or it could mean exactly what it says -- auxiliaries of the armed forces including CAP and CG Aux....

And by the way, State Defense Forces are not auxiliaries of the armed forces (meaning the feds).  They are state military forces only.  They would need to be very specifically mentioned -- and may be as Texas  does an awful lot for its SDF members. 

[Storm Chaser]

Yet the Reserves, which are federal, and the National Guard, which can be called to federal active duty, are not mentioned. Could "auxiliaries" be referring to these reserve components?

[flyboy53]

Or it could mean exactly what it says -- auxiliaries of the armed forces including CAP and CG Aux....

And by the way, State Defense Forces are not auxiliaries of the armed forces (meaning the feds).  They are state military forces only.  They would need to be very specifically mentioned -- and may be as Texas  does an awful lot for its SDF members.

Really, how do you propose that a CAP member's service be credited for a state retirement system? Have any active duty orders? Have something like a point summary that shows real periods of service?

I think not.

And by the way, while a state defense force or state guard or militia is not part of the National Guard, it is authorized by both state and federal law, is under the command of a state governor, and is partially regulated by the National Guard Bureau. That is why a state guardsman can be called to active duty under Title 32. People enlist into the state guard and are given characterized discharges upon departure. I actually even saw a general discharge awarded to a NY State Guardsman. Imagine if a 2B action resulted in something like that?

The Civil Air Patrol is a congressionally charted benevolent corporation first and Air Force Auxiliary second. Its members serve as non-paid volunteers and the corporate employees are paid by the corporation. There are no honorable discharges and no way to annotate a period of active service unless the organization was mobilized and operating in a capacity where the members were being paid by the federal government -- and you think the uniform issues are bad now, wait and see what happens then.

Certainly, the potential of this debate represents an interesting prospect and a means of legitimizing CAP service, but I'm certain that "auxiliary" in this context doesn't mean CAP.

I would wonder in the circumstances of Texas whether this might apply to service in the Texas Rangers or something akin to that. I would also wonder if this means things like the uniform corps of the U.S. Merchant Marine, the U.S. Public Health Service, or the National Oceanographic and Atmospheric Administration.

[lordmonar]

It is not any of us here who are proposing anything.

It is the form on the TMRS web sight that seems to be implying that CAP service can be used as credit for TMRS.

Don't look for any logic to it....it's the government.

[Private Investigator]

Ok, I was approached by my boss about this a few weeks ago. My boss is familiar with CAP and he

... is 100% wrong. Look at http://www.tmrs.org/how_member_credit_military.php

It says "active duty" time only. Case closed 

[RiverAux]

Really, how do you propose that a CAP member's service be credited for a state retirement system?

I"m not.  Just analyzing the possibility.

1.  Many state governments have made the decision to give members of CAP (and to a lesser extent CG Aux) time off (sometimes paid) to do CAP and CG Aux activities. 

2.  Government pension systems often allow you to gain credit towards retirement for service done for another organization.  Sometimes you have to "buy" that credit, sometimes not.

So, is it out of the realm of possibility that some state may give service credit of some kind towards CAP or CG Aux?  Nope. 

But, as I said previously, it is most likely that they intended this to be used by WWII auxs like the WAACs. 

I'm not proposing it, just saying it isn't nuts. 

[RiverAux]

One of the relevant state laws says:

Sec.A853.501.AAMILITARY SERVICE BY MEMBER. (a) A member of
the retirement system is allowed credited service as provided in
this subchapter if at any time the person:
(1)AAleaves employment with a participating
municipality to perform and performs active duty service in the
armed forces or the armed forces reserves of the United States or
their auxiliaries, provided that:
(A)AAthe person makes application for
reemployment with the same municipality within 90 days after the
person is released from active duty or discharged from such
military service or from hospitalization continuing after
discharge for a period of not more than one year; and
(B)AAthe person is reemployed by the same
participating municipality; or
(2)AAis conscripted and leaves employment with a
participating municipality to perform and performs war-related
service during a state of war or during a conflict between the armed
forces of the United States and the armed forces of a foreign
country, provided that the person is reemployed by the same
17
municipality within 90 days after the end of such service.
(b)AACredit for service under this section may only be used
as set forth in Section 853.505.
Added by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug.
26, 1991.

Also (partially);

Sec.A853.502.AAOTHER MILITARY SERVICE CREDIT. (a) The
governing body of a participating municipality by ordinance may
authorize eligible members in its employment to establish credit in
the retirement system for active military service performed as a
member of the armed forces or armed forces reserves of the United
States or their auxiliaries, for which service the members do not
receive credit under Section 853.501.

Now, I'm not going to try to parse all that (and the other legislation) to see exactly what it means and how it should be used, but it is very clear to me that this is a legitimate question and quite possibly could result in some benefit to CAP members. 

That being said, I'd be surprised if the system really had all the answers needed to apply it specifically to CAP and CG Aux. 

[RiverAux]

And by the way, while a state defense force or state guard or militia is not part of the National Guard, it is authorized by both state and federal law, is under the command of a state governor, and is partially regulated by the National Guard Bureau. That is why a state guardsman can be called to active duty under Title 32.

They can be called to duty by a Governor, but not by the feds. 

However, the below is wrong. 

In this instance, the term Auxiliary means one of two things: Either those 24 or so special groups of people that are entitled to veteran's benefits to include civilians serving or being held POW in a war zone or those things like the State Guard, State Militia or State Defense Force

SDFs are authorized by federal law, but they are in no way shape or form considered auxiliaries of federal forces. 

[Storm Chaser]

The problem is, what constitutes federal service when it comes to CAP. Participating on an AFAM may meet this criteria, but I doubt attending weekly meetings or working on CAP business from home would.

[LTCTerry]

Not trying to compare the Federal Employee Retirement System (FERS) with Texas...

I just started a new job with the federal government. During my 29 years of active duty and guard/reserve time I accumulated 14.4 years of active duty equivalent towards an eventual retirement. I properly received credit for the 10.5 years of Active Duty accumulated during those 29 calendar years.

One calendar year in the Reserves many only include two weeks of active duty. Maybe less; you can still have a "good year" with no active duty at all!

When "buying back" FERS retirement, it's the actual number of days of active duty that are counted, not the calendar years involved.

As an example, a Soldier who enlists for four years active duty then serves in the USAR for 16 more years will have accrued, doing the minimum required per year, an additional 32 weeks of active duty (16x2=32). Compare that to the 208 weeks of active duty served during a four-year enlistment (52x4=208). If this hypothetical Soldier transferred to the retired reserve one day and started federal service the next he/she would get credit for ~4.75 years, NOT 20.

Although active duty, drill, correspondence course, and membership points all count towards the eventual reserve retirement at age 60, only the actual days of active duty count to buy into federal retirement.

I would say - yes, just my opinion - if CAP has defined anything one has done as "active duty" then it's not, uh, active duty.

Guess guessing even further - even if teaching at a glider academy for a week counted, it would get you an extra week in state retirement, not the whole year you renewed for.

Just my $0.02.

Terry