Posted on Nov 19, 2022
Have you known anyone who drilled in the Reserve component after reaching 20 years AFS to take advantage of T10 section 12741?
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Under T10 section 12741an individual who drills for 2 years after reaching 20 years AFS can then take their Active retirement and later recompute to a reserve retirement after the gray area. This would somewhat increase the retirement but it would have significant impact if that individual was also a federal government employee.
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GS Civilians
Retirement
GS Civilians Retirement
Posted 2 y ago
Responses: 5
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SFC (Join to see)
Well, that didn't work out well.
Google "title 10 section 12741 explained" and click on the pdf by cdn.ymaws.com
Google "title 10 section 12741 explained" and click on the pdf by cdn.ymaws.com
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COL Randall C.
SFC (Join to see) - You certainly have the knack of finding the right obscure document that seems to elude the rest of us!
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SFC (Join to see)
COL Randall C. to be honest, half of my job is finding obscure answers to never-before-seen problems that Soldiers have lol
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LTC (Join to see) CPT (Join to see) - Good writeup, but one thing to keep in mind is that (at least my understanding from reading the regs) a service member in this situation still draws retirement pay (see DoDI 1215.07* para 3.2.c(3)).
Now, how exactly does that manifest and what limitations are there? No idea. It may be that you will have to give up retirement pay akin to giving up VA disability pay for the days that you drill (I could see this). It might be that you won't be able to drill for pay and instead only for points (I don't think so .. just throwing it out as an example of various options).
Of course, it might be a case where you get your full retirement pay as well as any drill pay (obviously the optimum scenario).
On a separate, but related, some of the considerations you'd have to look into. I know that you (LTC Miller) are looking at this from the point of view of being able to double-dip points, but it's probably a lot more complicated than that since the only way you can double-dip in this situation will likely be if you actually are under a non-regular retirement.
- Retirement age. A RC retirement kicks in at 60. While there are many cases where that is reduced by AC time, an AC Soldier won't be eligible for any of those situations at the start of their reserve service. What happens one you are eligible for a non-regular retirement - does it become moot until you turn 60? If you "transfer over to a non-regular retirement" does your regular retirement stop?
- Medical coverage for a RC Soldier doesn't kick in until 60. No age reduction here. If you convert to a non-regular retirement does your TRICARE get affected?
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* DoDI 1215.07 - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/121507p.pdf
Now, how exactly does that manifest and what limitations are there? No idea. It may be that you will have to give up retirement pay akin to giving up VA disability pay for the days that you drill (I could see this). It might be that you won't be able to drill for pay and instead only for points (I don't think so .. just throwing it out as an example of various options).
Of course, it might be a case where you get your full retirement pay as well as any drill pay (obviously the optimum scenario).
On a separate, but related, some of the considerations you'd have to look into. I know that you (LTC Miller) are looking at this from the point of view of being able to double-dip points, but it's probably a lot more complicated than that since the only way you can double-dip in this situation will likely be if you actually are under a non-regular retirement.
- Retirement age. A RC retirement kicks in at 60. While there are many cases where that is reduced by AC time, an AC Soldier won't be eligible for any of those situations at the start of their reserve service. What happens one you are eligible for a non-regular retirement - does it become moot until you turn 60? If you "transfer over to a non-regular retirement" does your regular retirement stop?
- Medical coverage for a RC Soldier doesn't kick in until 60. No age reduction here. If you convert to a non-regular retirement does your TRICARE get affected?
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* DoDI 1215.07 - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/121507p.pdf
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LTC (Join to see)
COL Randall C.
I turned down Sanctuary on my last MOB and I'm currently on ADOS at around 19 years AFS and these orders will take me past 20 years AFS.
I turned down Sanctuary on my last MOB and I'm currently on ADOS at around 19 years AFS and these orders will take me past 20 years AFS.
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COL Randall C.
LTC (Join to see) - if that's the case, then it's possible that you've reduced your retirement age with your ADOS time down to the point you could retire. If so, the only advantage you'd have doing a regular retirement would be the kick-in of TRICARE instead of having to wait until your 60 ... do you fit in this situation?
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LTC (Join to see)
COL Randall C. I don't. The only time I have that counts for early retirement are the orders I'm on now and one mobilization. A little less than 17 years of my time was active duty. So I could probably have the age lowered to 57, 58. I'm also a government civilian employee so reserve select isn't avaliable to me. The real benefit to switching from active to reserve retirement would be to count that time to my CIV retirement.
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COL Randall C.
Gotcha. That's about how I read it as well. You're in a catch-22. If you take a regular retirement at 20 years AFS, then you won't be able to use the time for your CIV retirement unless you give up your regular retirement.
Do you know what impact taking a regular retirement will have on the time you already bought back? As you know, collecting retirement and buying back active duty time isn't doable under a regular retirement. Since you already bought back active duty time, what happens if you subsequently become eligible and take a regular military retirement. Do they give you back your money used to buy back the time? Do you get 'grandfathered' on the time you bought before you do a regular retirement?
Do you know what impact taking a regular retirement will have on the time you already bought back? As you know, collecting retirement and buying back active duty time isn't doable under a regular retirement. Since you already bought back active duty time, what happens if you subsequently become eligible and take a regular military retirement. Do they give you back your money used to buy back the time? Do you get 'grandfathered' on the time you bought before you do a regular retirement?
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Once my 3rd board of correction is settled and DFAS shows me the money, I will let you know. Been retired as enlisted 10 USC 3914, since 2012, should have been placed on retired list in highest rank satisfactorily held, O3E. HRC opined 10 USC 12731 did not apply but 10 USC 12741 did. So they screwed up my retirement even more and now for the last 2 years I also have a garnishment on top of an E-6 retirement not O3E. I was also shorted 5 years. All was in my record at timr of retirement. So now I am looking at 130 months plus of the the difference and all cola increases since 2012. The beaureautic incompetence should end soon.
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