1.  How did the policy for Midshipman cruise credit for retirement pay change?

In 2009, after a legal review by both Navy Personnel Command (NPC)and Defense Finance and Accounting Services (DFAS), it was determined that Title 10 U.S.C. § 2107(g) prohibits the awarding of any credit for Navy Reserve Officer Training Corps (NROTC) midshipman time, including summer training cruises for those officers who entered the NROTC Program after the enactment of the Reserve Officers Training Corps Vitalization Act (ROTCVA) on 13 October 1964.

As a result, in January 2010, the NPC stopped granting NROTC midshipman summer training cruise credit on the statement of service for those officers requesting non-regular (Reserve) retirement pay.

2.  How will I know if I am personally affected?

All personnel affected by this change will receive individual letters from NPC notifying them that their official record has been modified to indicate the correct retirement points, as applicable.  In addition, DFAS will notify each individual by separate letter of how much their retirement pay will be affected.

3.  How much credit is being taken away from my retired pay calculation?

The amount of time deducted from your total active duty creditable service or retirement point credit will be equal to the time you served on active duty for training during midshipman cruise periods.

4.  Why did I incur this debt?

Through no fault of your own, this debt was incurred as a result of you erroneously receiving retirement credit for midshipman cruise active duty for training, which is not authorized per Title 10 U.S.C. § 2107(g).  As such, the Secretary of the Navy has requested, on your behalf, a waiver of indebtedness if less than $10,000.00.

5.  What is the reference in U.S. law that prohibits being credited for the NROTC cruises?

The 1964 ROTC Vitalization Act, Title 10 U.S.C. § 2107(g).

6.  What do I need to do to NOT have to pay the money back?  I owe less than $10,000.00.

Since, the indebtedness is no fault of your own, the Secretary of the Navy has requested, on your behalf, a waiver of indebtedness if less than $10,000.00. 

7.  What do I need to do if I owe $10,000.00 or more?

If your indebtedness is $10,000.00 or greater, you will have to submit an individual waiver request to the Defense Office of Hearings and Appeals (DOHA) who will make the final determination in your case.  For personnel in this category, the Secretary of the Navy has also requested DOHA give favorable consideration to your request for a waiver of indebtedness as the indebtedness is no fault of your own.

8. Under what authority does the Navy have to change my retired pay calculation?

By law, the U.S. government is obligated to correct known errors in personnel and pay records, such as this credit for NROTC midshipman cruise periods.  To meet requirements of the law, the Navy is correcting an error to your creditable service calculation for retirement.  

9.  How can I appeal my midshipman cruise credit being removed as active duty creditable service for retirement purposes?

You could petition the Board of Correction for Naval Records concerning this erroneous time credit; however, as discussed above, the Navy is obligated by U.S. law to correct known errors in a person’s record.  Our review of your record showed that your creditable time was incorrect, by law, as you had been awarded creditable service for midshipman cruises.  Such credit is expressly disallowed by the 1964 ROTC Vitalization Act, 10 U.S. Code, 2107(g).  Your record was corrected and updated in accordance with this U.S. law.

10.  How much exactly will my pay be reduced?

DFAS will mail you a letter detailing the exact change in the amount of your monthly pay and DFAS point of contact information.  For more information, visit the DFAS website via the following link:

http://www.dfas.mil/waiversandremissions/retireewaivers.html.

Or you may contact DFAS at 1-800-321-1080 (option 1).