Herskovitz v. Commonwealth, State Civil Service Commission

Dissenting Opinion by

President Judge Crumlish, Jr.:

I respectfully dissent.

The issue, as the majority correctly notes, is whether the General Assembly intended those who serve in the Pennsylvania National Guard and Reserves to be soldiers, who by definition must have “served in the armed forces of the United States.”

The majority’s disposition of that issue is, in my judgment, inconsistent with the express language of the Code and contrary to the General Assembly’s intent.

The Military Code defines the term “soldier” as

a person who served in the armed forces of the United States, or in any…