O'Connell

Virginia Days, Director of the Department of Veterans Affairs, appeals from the judgment granting peremptory writ of mandate. The sole question of law before us is whether petitioner O’Connell’s service as a midshipman at the United States Naval Academy between June 30, 1952, and June 1, 1956, qualifies as “active duty” within the meaning of California Military and Veterans Code section 980 1 so as to qualify petitioner for a Cal-Vet home loan. Appellant contends that it does not.

The trial court entered extensive findings of fact and conclusions of law. Finding of fact No. 22 states; “Construing the language of Military and Veteran’s [sic] Code Sections 980 and 980(f) in light of the usual meaning of the language and in harmony with Military and Veteran’s [sic] Code Section 100[ 2 ] confirms the conclusion that service as a cadet or midshipman at a United States military academy is not short or temporary solely for training.” Finding of fact No. 23 states: “Appointment of a person as a cadet or midshipman to one of the military *468 service academies is not a ‘temporary’ appointment for the sole purpose of training duty, processing or physical examination but rather,…