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B-228663, Aug 4, 1988

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Highlights

The amendment was intended to provide PHS officers with a retirement system parallel to the existing retirement systems of military and naval officers. Since military and naval officers were then prohibited from receiving retirement credit for academy attendance. The same prohibition was. Clarke was a cadet at the Coast Guard Academy from July 6. He was a midshipman at the Naval Academy from September 9. This is the source of controversy in this case. The PHS reports that its position is predicated on the provisions of subsection 971(b) of title 10. The plaintiff in the Jacobs case was a Coast Guard officer who claimed additional service credit for retirement purposes for the time he had spent in attendance at the Coast Guard Academy.

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