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If I t sanctuary (18+ years), but I cannot finish 20 years…

If I hit sanctuary...

If I hit sanctuary (18+ years), but I cannot finish 20 years before I turn 60, what happens?

Lawyer's Assistant: Because laws vary from state to state, could you tell me what state is this in?

Doesn't apply to a state. I am not talking about a National Guard. I am talking Title 10 active duty mobilization from the reserves

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Customer reply replied 1 year ago
Age 60 is also my MRD. I am a LTC.
Answered in 20 minutes by:
7/14/2016
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,877
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for your question. Can you tell me what Service you are in? Also, where did you get the age 60 information from?

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Customer reply replied 1 year ago
It is my current MRD.

What Service?

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Customer reply replied 1 year ago
Army Reserve. They are talking about mobilization. I will have about 19 years 3 months (give or take) when I reach 60, which is also my MRD

Thank you. I asked about where you go the 60 year MRD from because the statute (10 USC 14509) changed in 2006 from 60 years of age to 62 years of age for a Reserve Officer below BG rank. So, from a statutory perspective, which the Services must follow, you have until 62 years of age, not 60. In addition, the Service Secretary, once sanctuary is granted (you have to apply for it) can waive any age disability, if there was one.

Here is a link to the statute that controls the age limitations: https://www.law.cornell.edu/uscode/text/10/14509

This is the Army Reserve instruction regarding 18 year sanctuary: http://dopma-ropma.rand.org/pdf/AR135-18.pdf

This is the sanctuary statute: https://www.law.cornell.edu/uscode/text/10/12686

Please feel free to ask for clarification if needed after reviewing the links I provided. If none is needed, then 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.

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Customer reply replied 1 year ago
Thank you Marsha. This is very helpful. I did NOT know about the 62 age. This is good news. My MRD is based on my commissioned time in service. I just assumed (wrongly) that since it coincided with my 60th birthday that everything was the same. Could you please provide some information on how I would go about requesting an extension of my MRD for commissioned service?

You're very welcome. This is the only Army instruction and form that I can find at this moment on the issue: https://www.hrc.army.mil/site/ASSETS/PDF/Sanctuary_Checklist.pdf

If you are mobilized, then you definitely want to speak to the personnel folks about this issue. The directive though does set out the process.

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Marsha411JD, Lawyer
Category: Military Law
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Customer reply replied 1 year ago
Thank you! You far exceeded my expectations!!!!

You're very welcome and best to you!

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