Posted on Dec 21, 2015
Anyone retired from AD that was in Sanctuary Prog, career path of Enl to Off then back to Enl,at least 10 yrs afs as an Off? Contact me.
6.64K
2
6
1
1
0
Sanctuary protects servicemembers on active duty who are approaching eligibility for retirement. It’s based in federal law (10 USC 12686) and implemented under the Department of Defense instruction 1235.12. When you’re on active duty and within two years of becoming eligible for retirement, you’re protected from being discharged. Here’s the specific text from paragraph 2.b.(5) of the Enclosure (3) guidelines on page 15:
(5) Active Duty Protection. In accordance with section 12686 of Title 10 USC, Reserve Component members ordered to active duty who, on the date they would otherwise be released from active duty, are within two 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 Title 10 USC:
(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.
In other words, sanctuary means that Reservists reaching 18 years of active duty while on active duty are entitled to stay on active duty until eligible for an active-duty (20-year) retirement.
The sanctuary requirement only applies to active duty. Sanctuary does not apply to years of Reserve qualifying service. Almost all Reservists are required to have 20 years of qualifying service (20 “good years”) to be eligible for a Reserve retirement. If a Reservist doesn’t meet the requirements to continue in the Reserves, they could be discharged before they reach 20 qualifying years of service– no matter how many years they have. There is no sanctuary for “good years”.
The difference between these definitions seems arbitrary, but the significance is worth hundreds of thousands of dollars.
In the “worst case” of the military retirement system, a Reservist could finish 20 good years while they’re still in their late 30s. If they filed for retirement then it would be at least two decades before they reached age 60 and DoD had to start paying their pension. If that same Reservist managed to reach 18 years of active duty during their Reserve career, then the sanctuary system would permit them to remain on active duty until they were eligible for an active-duty retirement– in their late 30s. Now DoD would have to pay at least 20 more years of an active-duty pension.
(5) Active Duty Protection. In accordance with section 12686 of Title 10 USC, Reserve Component members ordered to active duty who, on the date they would otherwise be released from active duty, are within two 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 Title 10 USC:
(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.
In other words, sanctuary means that Reservists reaching 18 years of active duty while on active duty are entitled to stay on active duty until eligible for an active-duty (20-year) retirement.
The sanctuary requirement only applies to active duty. Sanctuary does not apply to years of Reserve qualifying service. Almost all Reservists are required to have 20 years of qualifying service (20 “good years”) to be eligible for a Reserve retirement. If a Reservist doesn’t meet the requirements to continue in the Reserves, they could be discharged before they reach 20 qualifying years of service– no matter how many years they have. There is no sanctuary for “good years”.
The difference between these definitions seems arbitrary, but the significance is worth hundreds of thousands of dollars.
In the “worst case” of the military retirement system, a Reservist could finish 20 good years while they’re still in their late 30s. If they filed for retirement then it would be at least two decades before they reached age 60 and DoD had to start paying their pension. If that same Reservist managed to reach 18 years of active duty during their Reserve career, then the sanctuary system would permit them to remain on active duty until they were eligible for an active-duty retirement– in their late 30s. Now DoD would have to pay at least 20 more years of an active-duty pension.
Posted 9 y ago
Responses: 3
1
1
0
“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”
James Madison
1. The Retirement Command, including the NGB, failed in processing my retirement.
a. I am claiming that the Army’s representatives violated federal statutes or at the very least incorrectly interpreted them and mishandled my retirement from the beginning at the RSO Ft Riley, level and continuing through the Army Board of Military Corrections process. The distress this process has caused me as a result of retiring me incorrectly, is unforgivable. (Retired as 10 USC 3914 should be 10 USC 3911). I have over 10 years Active Federal Service as a Commissioned Officer in the US Military.
My DIEMS DATE: I entered the Navy Delayed Entry Program 27 AUGUST 1974. I am a 20 year, voluntary, non-disability retirement, governed by the Financial Management Regulation (DoD 7000.14-R) Volume 7B, Chapter 3, “Gross Pay Computation” FINAL PAY Retirement rules apply.
My DEIMS is BEFORE 08SEP1980
From my Retirement Orders Pg 1: Proves I was under Sanctuary Orders as a MN ARNG.
Auth: AR 635-200 AND SANC SHT DTD 28 MAR 11.
In the military, the term “sanctuary” refers to a Reserve/Guard member reaching a total of 18 years of active duty. If that happens while they’re on active-duty orders then they’re entitled to stay on active duty until they reach eligibility for an active-duty retirement. The program is part of federal law, and the reference is found in DoD Instruction 1235.12 on “Accessing the Reserve Components”. The Enclosure (3) guidelines (on page 15 of that PDF) include this paragraph:
“(5) Active Duty Protection. In accordance with section 12686 of Title 10 USC, Reserve Component members ordered to active duty who, on the date they would otherwise be released from active duty, are within two 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 Title 10 USC:
(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.”
First let us understand Voluntary Retirement
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 * August 2012
*010102. Retired Pay Base
The retired pay base is determined based upon the date the member first entered military service and whether the member is retiring under regular, reserve, or disability provisions of law. Details are in Chapter 3.
A. The Date of Initial Entry into Military Service (DIEMS) determines whether the retired
pay base is the monthly basic pay of the member just before retirement or an average of the highest 36 months of basic pay applicable during the member’s career.
1. Final Basic Pay: For members who first entered military service before September 8,
1980, the retired pay base is generally the final basic monthly pay that the member is receiving at the time of retirement.
010103. Retired Pay Multiplier
The retired pay multiplier is either 2.5 percent times the years of service creditable for computing retired pay or the percentage of disability awarded by military service at retirement. See Section 0103 for determining years of service creditable for computing retired pay.
A. The years of service for computing retired pay for regular retirement are generally the total of years of active service. For non-regular (reserve) members, the years of service are the total of accumulated drill points combined with one point each day of active duty divided by 360.
010104. Retired Pay Formulae
If a member entitled to retired or retainer pay would otherwise be entitled to retired pay computed under more than one formula, then the member is entitled to be paid under the applicable formula that is most favorable to the member. The retired pay formulae are more fully covered in Chapter 3. The formulae are as follows:
A. For regular and non-regular (reserve) retirement, monthly retired pay is equal to Retired Pay Base times 2.5 percent times Years of Service.
0102 SERVICE CREDITABLE FOR RETIREMENT ELIGIBILITY
*010201. General
A. Computation of Creditable Service for Determining Retirement Eligibility. A computation of creditable service, for the purpose of determining retirement eligibility, may be required at any time during a member’s military career. Generally, a member must complete at least 20 years of creditable service in order to qualify for retired or retainer pay. Upon completion of 20 years of creditable service, a member may request to be transferred to a retired or retainer status.
1. An enlisted member of the Army or Air Force who completes 20 years of creditable active service may request to be retired.
2. An enlisted member of the Navy or the Marine Corps who completes 20 years of creditable active service may request transfer to the Fleet Reserve or Fleet Marine Corps Reserve. See Chapter 2 for details regarding creditable service for transfers to the Fleet Reserve and Fleet Marine Corps Reserve.
3. An enlisted member of the regular Army, Navy, Marine Corps or Air Force who completes 30 years of creditable active service or an enlisted member in the Fleet Reserve or Fleet Marine Corps Reserve upon completion of a total of 30 years of combined active and fleet reserve service shall, upon request, be retired.
4. A regular or reserve commissioned officer may voluntarily be retired after completion of 20 years of active service, at least 10 years of which is active commissioned service.
E. Service Creditable for Retirement Eligibility. Service creditable for the purpose of determining retirement eligibility varies with each type of retirement. Retirement types and the specific service creditable for each type are found in paragraphs 010202 through 010208. Service that is not creditable is cited in paragraph 010209.
010202. Service Creditable for Regular Voluntary Retirement – Enlisted Members (Table 1-1)
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy.
010203. Service Creditable for Voluntary Retirement – Regular and Reserve Commissioned Officers (Table 1-1)
A. Active service in the Uniformed Services.
0103 SERVICE CREDITABLE FOR COMPUTING RETIRED PAY
010301. Service for Percentage Multiple
Service authorized to be used as a percentage multiple is specified in each law section authorizing computation of retired pay for each type of retirement. Information on retirement types and service for percentage multiple are provided in this section for each are:
010302. Voluntary Retirement Enlisted Members
Service credited under subparagraph 010202.
010303. Voluntary Retirement Commissioned Officers
A. Active service in the Uniformed Services.
James Madison
1. The Retirement Command, including the NGB, failed in processing my retirement.
a. I am claiming that the Army’s representatives violated federal statutes or at the very least incorrectly interpreted them and mishandled my retirement from the beginning at the RSO Ft Riley, level and continuing through the Army Board of Military Corrections process. The distress this process has caused me as a result of retiring me incorrectly, is unforgivable. (Retired as 10 USC 3914 should be 10 USC 3911). I have over 10 years Active Federal Service as a Commissioned Officer in the US Military.
My DIEMS DATE: I entered the Navy Delayed Entry Program 27 AUGUST 1974. I am a 20 year, voluntary, non-disability retirement, governed by the Financial Management Regulation (DoD 7000.14-R) Volume 7B, Chapter 3, “Gross Pay Computation” FINAL PAY Retirement rules apply.
My DEIMS is BEFORE 08SEP1980
From my Retirement Orders Pg 1: Proves I was under Sanctuary Orders as a MN ARNG.
Auth: AR 635-200 AND SANC SHT DTD 28 MAR 11.
In the military, the term “sanctuary” refers to a Reserve/Guard member reaching a total of 18 years of active duty. If that happens while they’re on active-duty orders then they’re entitled to stay on active duty until they reach eligibility for an active-duty retirement. The program is part of federal law, and the reference is found in DoD Instruction 1235.12 on “Accessing the Reserve Components”. The Enclosure (3) guidelines (on page 15 of that PDF) include this paragraph:
“(5) Active Duty Protection. In accordance with section 12686 of Title 10 USC, Reserve Component members ordered to active duty who, on the date they would otherwise be released from active duty, are within two 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 Title 10 USC:
(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.”
First let us understand Voluntary Retirement
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 * August 2012
*010102. Retired Pay Base
The retired pay base is determined based upon the date the member first entered military service and whether the member is retiring under regular, reserve, or disability provisions of law. Details are in Chapter 3.
A. The Date of Initial Entry into Military Service (DIEMS) determines whether the retired
pay base is the monthly basic pay of the member just before retirement or an average of the highest 36 months of basic pay applicable during the member’s career.
1. Final Basic Pay: For members who first entered military service before September 8,
1980, the retired pay base is generally the final basic monthly pay that the member is receiving at the time of retirement.
010103. Retired Pay Multiplier
The retired pay multiplier is either 2.5 percent times the years of service creditable for computing retired pay or the percentage of disability awarded by military service at retirement. See Section 0103 for determining years of service creditable for computing retired pay.
A. The years of service for computing retired pay for regular retirement are generally the total of years of active service. For non-regular (reserve) members, the years of service are the total of accumulated drill points combined with one point each day of active duty divided by 360.
010104. Retired Pay Formulae
If a member entitled to retired or retainer pay would otherwise be entitled to retired pay computed under more than one formula, then the member is entitled to be paid under the applicable formula that is most favorable to the member. The retired pay formulae are more fully covered in Chapter 3. The formulae are as follows:
A. For regular and non-regular (reserve) retirement, monthly retired pay is equal to Retired Pay Base times 2.5 percent times Years of Service.
0102 SERVICE CREDITABLE FOR RETIREMENT ELIGIBILITY
*010201. General
A. Computation of Creditable Service for Determining Retirement Eligibility. A computation of creditable service, for the purpose of determining retirement eligibility, may be required at any time during a member’s military career. Generally, a member must complete at least 20 years of creditable service in order to qualify for retired or retainer pay. Upon completion of 20 years of creditable service, a member may request to be transferred to a retired or retainer status.
1. An enlisted member of the Army or Air Force who completes 20 years of creditable active service may request to be retired.
2. An enlisted member of the Navy or the Marine Corps who completes 20 years of creditable active service may request transfer to the Fleet Reserve or Fleet Marine Corps Reserve. See Chapter 2 for details regarding creditable service for transfers to the Fleet Reserve and Fleet Marine Corps Reserve.
3. An enlisted member of the regular Army, Navy, Marine Corps or Air Force who completes 30 years of creditable active service or an enlisted member in the Fleet Reserve or Fleet Marine Corps Reserve upon completion of a total of 30 years of combined active and fleet reserve service shall, upon request, be retired.
4. A regular or reserve commissioned officer may voluntarily be retired after completion of 20 years of active service, at least 10 years of which is active commissioned service.
E. Service Creditable for Retirement Eligibility. Service creditable for the purpose of determining retirement eligibility varies with each type of retirement. Retirement types and the specific service creditable for each type are found in paragraphs 010202 through 010208. Service that is not creditable is cited in paragraph 010209.
010202. Service Creditable for Regular Voluntary Retirement – Enlisted Members (Table 1-1)
A. All active service in the Uniformed Services; and
B. Service as a cadet or midshipman at Service academy.
010203. Service Creditable for Voluntary Retirement – Regular and Reserve Commissioned Officers (Table 1-1)
A. Active service in the Uniformed Services.
0103 SERVICE CREDITABLE FOR COMPUTING RETIRED PAY
010301. Service for Percentage Multiple
Service authorized to be used as a percentage multiple is specified in each law section authorizing computation of retired pay for each type of retirement. Information on retirement types and service for percentage multiple are provided in this section for each are:
010302. Voluntary Retirement Enlisted Members
Service credited under subparagraph 010202.
010303. Voluntary Retirement Commissioned Officers
A. Active service in the Uniformed Services.
(1)
(0)
0
0
0
I was in Navy for 16 years from SEP 1974 until JAN 1992, part of Reduction in Forces after GW1. Began as Enlisted and became an Officer with 10 years 07 months of Commissioned Service and then was part of RIF.
Waited 13 years and then joined the MN ARNG as an Enlisted. Activated to go to Iraq for 2 years and became Sanctuary Eligible. After my two tours with MN ARNG in Iraq, I finished at Ft Riley as SSG with 20 years, 11 months of Active Duty or Active Federal Service, (AFS). I incorrectly assumed that Personnel would correctly process my military record and retire me correctly, since I was proactive and kept everyone informed of my unusual military career. When I kept meeting people that were really good at not knowing this part of their job (Retirement Rules) I suggested that they read "A Message to Garcia".
I can only sum up my retirement experience as me ping ponging from office to office of a sclerotic and crabby bureaucracy of large, dysfunctional institutions.
I persevered and finally overcame all of them: Ft Riley RSO, Legal, IG; Army HRC, G-1 and two Army Board of Corrections; NGB and MN ARNG Legal, MN RSO; Politicians Rep Tim Waltz MN, Sen Amy Klobuchar MN; the various Service Organizations: VFW, American Legion, DAV. The lawyer I hired, with 15 years of military experience, all he did was take my money.
I retired 01MAR12 and 39 months later someone at HRC must have had nothing better to do and decided to read my packet out of curiosity as to why I kept calling.
That is why I offered to help anyone who was incorrectly retired as an enlisted after 20 years, who held their Commission for 10 years or more, and reverted to enlisted status prior to retirement.
I was told that the reason I finally retired correctly was that it was a complicated case. My complicated case took me one week to gather the Publications that govern retirement, read them, and put together my packet myself while at Ft Riley, KS. still doing my MOS 92G30, Army Cook.
If you are in this category of retiree contact me; or know someone who is, please let them know to contact me.
Waited 13 years and then joined the MN ARNG as an Enlisted. Activated to go to Iraq for 2 years and became Sanctuary Eligible. After my two tours with MN ARNG in Iraq, I finished at Ft Riley as SSG with 20 years, 11 months of Active Duty or Active Federal Service, (AFS). I incorrectly assumed that Personnel would correctly process my military record and retire me correctly, since I was proactive and kept everyone informed of my unusual military career. When I kept meeting people that were really good at not knowing this part of their job (Retirement Rules) I suggested that they read "A Message to Garcia".
I can only sum up my retirement experience as me ping ponging from office to office of a sclerotic and crabby bureaucracy of large, dysfunctional institutions.
I persevered and finally overcame all of them: Ft Riley RSO, Legal, IG; Army HRC, G-1 and two Army Board of Corrections; NGB and MN ARNG Legal, MN RSO; Politicians Rep Tim Waltz MN, Sen Amy Klobuchar MN; the various Service Organizations: VFW, American Legion, DAV. The lawyer I hired, with 15 years of military experience, all he did was take my money.
I retired 01MAR12 and 39 months later someone at HRC must have had nothing better to do and decided to read my packet out of curiosity as to why I kept calling.
That is why I offered to help anyone who was incorrectly retired as an enlisted after 20 years, who held their Commission for 10 years or more, and reverted to enlisted status prior to retirement.
I was told that the reason I finally retired correctly was that it was a complicated case. My complicated case took me one week to gather the Publications that govern retirement, read them, and put together my packet myself while at Ft Riley, KS. still doing my MOS 92G30, Army Cook.
If you are in this category of retiree contact me; or know someone who is, please let them know to contact me.
(0)
(0)
0
0
0
It took the first 39 months of my retirement, to teach the Subject Matter Experts the error of their ways. If you have ten or more years as a Commissioned Officer, and are reverted back to enlisted to finish a 20 year career, you should have retired as an Officer, period. In my case I read the rules, rregs, and Title 10 codified laws of the United States. I know how to get you your retirement corrected with back pay. The people at Ft Riley RSO, Army HRC and G-1, DFAS, all had it wrong.
(0)
(0)
SGT (Join to see)
Hi sir i have one for you, i currently trying to fix and need some help. I join aug 4 1998, which is my BESD and DIEMS. attended ost in july 16 1999, which is my BASD and my PASD no breaks in service with an ets shorting me 58 days of 18 years on active duty. Which put me at 11 month and 17 days of inactive service and 17 years 10 months and 2 days of active serves. Ibe been told two things one that because i worked and was promted to pfc coming in during my inactive time that it counted towards my retirement. Two that im grandfather under an old sanctuary policy that put sanctuary at 17 years 6 months. Do you have any advice for me?
(0)
(0)
CPT David McDonald
Simple fix is to join the Guards or Reserve unit and volunteer for as many AT's as you can. Get your 58 days and then go into Sanctuary. Who told you about a 17 year 6 mo. grandfather for Sanctuary, I would have them show you in writing the old policy. In my experience I never heard of that. If you must, call HRC: Enlisted Sanctuary Team, if anyone will answer who knows, or Enlisted Records. Get ready for the run around, the ping ponging, from office to office. Ask for your total points in order to see if you in fact were given points toward retirement for your PFC.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google