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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33636
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Happy New Year. I am attempting to determine whether or not

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Good Morning and Happy New Year. I am attempting to determine whether or not to apply for sanctuary. I am an Army Reservist, and I have almost 18 years total Active Federal Service. I am also nearing age 59, and I can already collect retirement. I have been a LTC in the Army Reserves for approximately 18 months now. My question, "how long do I have to be in grade before I can retire as a LTC/O-5 in the Army Reserves?" Is it 3 years? 2 years? 1 year? I know that it is 3 years if I were active duty, but I don't know what it is in the Reserves. Can you please advise?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under 10 U.S. Code § 1370, in order for an officer to be eligible for retirement in any grade above O4, the officer must have served for at least 3 years in that grade. This requirement may be reduced to no less than 2 years as authorized by the SECDEF. Only the President can waive the 2-year minimum and only in cases of extreme hardship or unusual circumstances. Officers who do not meet the TIG minimum in the grade held at the time of retirement are retired in the next-lower grade in which they satisfactorily served at least 6 months. In order for an active-duty officer to be eligible for retirement in the grade of O4 or lower, the officer must have served in that grade for at least 6 months. Reserve officers face the same requirements for retiring in the aforementioned grades, except that the required term of service must have been completed while on the RASL or during active duty service. In certain situations reserve officers must only have satisfactorily served at least 6 months in a grade in order to be eligible for retirement in that grade.
In order to be eligible for retirement in grades O9 and O10, the SECDEF must certify to the President and Congress that the officer has served satisfactorily in that grade while on active duty.
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Customer: replied 2 months ago.
This is a follow-up to an earlier question. I am in the process of applying for sanctuary in the U.S. Army. I have over 17 years of total active federal service. In preparing my package, I have been asked to document my service with DD214s. I can only document 17 years and 8 days of active federal service with DD 214s. The were obtained through school, short-term (less than 90 days) of active duty and other Active Duty Operational Support.My questions: do all my days of Active Federal Service count? Or is it just limited to the DD 214 service. The regulations I read are a little unclear to me at least. Any help is appreciated.

Thank you for your reply.

You can use all of your creditable military pension time, not just active duty. So all of the time that goes towards your military pension will be considered.

Customer: replied 2 months ago.
That was not my question. I did not ask about pension. My question was specifically about Sanctuary and total Active Federal Service. Would you please answer about the total Active Federal and Sanctuary. Reserve (or TPU) time has nothing to do what that answer. Please advise.
Customer: replied 1 month ago.
Please see the email conversation chain. I did not request information about a pension. I specifically asked about the requirements for total active federal service to reach sanctuary. This has nothing to do with a reserve pension. It has everything to do with total active federal service and the required supporting documents. Please advise.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here...I retired as an attorney in the Marine Corps...so I understand this issue.

It seems the previous expert was mistaken on this...are you still looking for an answer?

Customer: replied 1 month ago.
Mr. Simmons, or Phillip, if you prefer. Yes. I would still appreciate an answer to the question. As you saw from my response, my question was not about military pension; it was what type of active duty time counts towards the 18 year mark for "sanctuary" for a reservist. I have slightly over 17 years documentable on past DD214s, and about 11 months (give or take) active service under CADOS and other active duty status work. I think that the answer is that all active duty time counts towards "sanctuary". I just need to confirm I am correct before I file my paperwork.I appreciate any advice you might have. Thank you!
Customer: replied 1 month ago.
I should add that it is difficult, but not impossible, to call because of time zone differences. I am currently deployed to the Middle East.Thank you!

Thanks
You mention "18 years"...a key part of this will be the type of years...are you referring to over 17 years of active duty (title 10) time? Or are you referring to over 17 "good years"?

Or...lets try it this way

Tell me...how many "good years" (years with 50 or more points) do you have and how many years of title 10 active duty do you have?

Customer: replied 1 month ago.
Thank you. I appreciate the detailed follow-up. I have 25+ "good" years of more than 50 points. I say 25+ because that was of last August, and I have since accumulated about 180 more points and another good year. For Total Active Federal Service (Title 10), I have 17 years and change that I can document on DD 214s, with another 8 months or so that are the result of school and/or CAODS time of less than 90 days. So, my question is in order to get sanctuary and to be able to retire with 20 years Active Federal Service (which would increase my retirement by about $500 per month), does my active duty time of less than 90 days count toward the required 18 to reach sanctuary? Please advise. If you require further details, please let me know. I apologize for the difficulty in communicating and thank you for your patience.

Thank you

The law that applies can be seen here
https://www.law.cornell.edu/uscode/text/10/12686

This the so called "sanctuary" provision for reserve members.

To qualify the member must have at least 18 years of "qualifying" active service...that is why I asked about Title 10 orders. It all counts.

So if you are currently on active duty orders...AND the orders take you to the point where you have 18 or more years of active duty under title 10 (including schools and other training performed under title 10)? Then you qualify.

So your active duty that was less than 90 days? That counts, provided it was title 10 active duty and not, for example, active duty under title 32.

If you go over 18 years of active duty (while on active duty) the Army MUST keep you on active duty until you reach 20 years (so you can reach regular retirement)

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.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33636
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 month ago.
This perfect. Thank you.

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