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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20296
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Marsh, I'm a Navy Reservist and am searching to see how many

Customer Question

Customer: Hello Marsh, I'm a Navy Reservist and am searching to see how many (if any) reservists (Navy or otherwise) achieve sanctuary. Have seen a few strings on this site but nothing specific. Thank you,***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: I'm approaching sanctuary, currently have 15 years and 7 months active duty, will be starting mobilization orders next month for a year, and wanted to see how hard it was to get a set of orders taking one over the 18 year point.
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Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. I, unfortunately, wouldn't have access to any actual numbers or percentages of Reservists who are successful at reaching sanctuary while on active-duty orders. However, I do know that it happens and can discuss the law and Navy policy.

Navy policy is that a Reservist not receive active-duty (other than for training orders) unless they are under 16 years of service when they start that duty. However, the law, as you might be aware, under Title 10 United States Code section 12686, is that once the member is on those active-duty orders that they cannot be involuntarily released from active-duty without permission of the Se0cretary of the Navy. It is important to note though that if the Reservist is receiving orders that are for less than 180 days, the Secretary can require that sanctuary be waived by the Reservist.

You don't say for how long your orders to active-duty will be, but if it is less than the period of time you need to get you over 18 years, then it will really be up to the needs of the Navy as to whether they extend you. Like I mentioned, it does happen, but because of budget and DOPMA/ROPMA numbers caps, it could be hard to achieve. I suppose if you in a hard to fill billet, or specialty that would help.

Please feel free to ask for clarification if needed. If none is needed, if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

I didn't include a cite to the SECNAVINST which you will want to take a look at if you haven't already, which is 1800.2

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