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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33100
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a commissioned officer on AGR orders in the New Jersey

Customer Question

I am a commissioned officer on AGR orders in the New Jersey Army National Guard. My current orders will take me past my 18 year active federal service milestone. What actions do I need to take to ensure I can continue to my 20 year mark?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

I want to make sure I understand. You are on Title 10 orders currently? And have 18 years Title 10 service?

Customer: replied 1 year ago.
No Sir, I am on title 32 AGR orders currently. I have 17.5 years of combined title 10 & title 32 active duty time.
Expert:  P. Simmons replied 1 year ago.

Thanks
I do not believe that qualifies...that is, you need "active FEDERAL service"
I have to step away for approx one hour...if you do not mind waiting, I can pull the reference when I reutrn

Expert:  P. Simmons replied 1 year ago.

Sorry for the delay. I had to pull the reference. You can see the reference here

<a href="http://www.dtic.mil/whs/directives/corres/pdf/123512p.pdf">http://www.dtic.mil/whs/directives/corres/pdf/123512p.pdf</a>

This is the DoD instruction that applies

Here is the pertinent language

(5) Active Duty Protection. In accordance with section 12686 of Reference (b), RC members ordered to active duty who, on the date they would otherwise be released from active duty, are within 2 years of becoming eligible for retired pay or retainer pay under a purely military retirement system other than retired pay for non-regular service under chapter 1223 of Reference (b):

(a) Shall not be involuntarily released from active duty before they become eligible for that pay.

(b) Shall be absorbed in Service-authorized active end strengths, unless the release is approved by the Secretary of the Military Department concerned.

(c) May be required, at the discretion of the Secretary concerned, to sign a waiver of the protection afforded by section 12686(a) of Reference (b) as a condition for issuance of active duty orders that are of 180 days duration or less.

The key is the term "active duty"

If you look at the glossary (it has definitions) you see that active duty is defined as

active duty. Full-time duty in the active military service of the United States. For Reserve members, it includes all periods of service pursuant to sections 688; 12301 (a), (b), and (d); 12302; and 12304 of Reference (b).

Reference (b) is Title 10

SO you need title 10 orders to qualify for sanctuary.

You can not claim it while on title 32 orders

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.
Expert:  P. Simmons replied 1 year ago.

Follow up...wanted to see if you had more questions.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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