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I am an Air Force reservist. I am currently mobilized, on involuntary

partial mobilization orders, Title 10...
I am an Air Force reservist. I am currently mobilized, on involuntary partial mobilization orders, Title 10 USC 12302, and was activated under these orders on 21 Sep 2012. Prior to receiving the involuntary orders that I am on. My unit made me sign a "Statement of Understanding" waiver of active duty sanctuary ( attachment 3, AFI 36-2131). As I understand it, the waiver is for voluntary orders specifying a period of less than 180 days. My orders are involuntary, and have a specified period of 237 days. I entered active duty sanctuary on 13 Oct 2012.(18 years TAFMS). My unit is telling me that I cannot envoke my sanctuary rights because I signed a waiver.Is that correct?
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3/17/2013
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Hello,
My name isXXXXX'm a licensed attorney. Glad to try and help out.
Thank you for your military service on behalf of our nation!
Sure sorry for your circumstances, truly. My heart goes out to you.
Accordingly, I'm pleased to share some good news with you, as follows. You are indeed correct, and frankly it really couldn't be more clear. For example, check out the following language: "Waiver requirements do not apply to members performing IDT, ADT or are activated under involuntary authorities under Title 10 USC §12301(a), 12302, or 12304." page 6/31 of AFI 36-2131. In another words, you've rather astutely focused in on three highly relevant points, namely: (1) the involuntary nature of your order; (2) the length of your specified time frame; and (3) the statutory authority under which you're serving. In all candor, it sounds to me like you should be educating your unit rather than vice versa. It's just all over the regulations, and the best recommendation I can think of is to bring that to their attention, particularly the one sentence I cited (above). If you click on the hyperlink, it will take you directly to the document in pdf format.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.
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