Michael J. Jacobs v. The United States and Commandant, U. S. Coast Guard, Admiral John B. Hayes, Uscg and His Successors

BOOCHEVER, Circuit Judge:

Michael Jacobs, an officer in the United States Coast Guard, contends that the four years he spent as a cadet at the Coast Guard Academy should be counted in satisfying the 20 years of active service required for voluntary retirement under 14 U.S.C. § 291. After exhausting his administrative remedies, 1 Jacobs sought a declaratory judgment that he had completed 22 years of active service — four years as a Coast Guard Academy cadet and 18 years as a commissioned officer — and was therefore entitled to retire. On cross-motions for summary judgment, the district court…