Posted on Feb 7, 2017
LTC Retired
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I am curious about is the administrative process. Does a process exist (Army Regulation) and what are the steps?
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SGM Erik Marquez
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familiar ??
Sure, buts whats the question Sir?
"(a)Limitation.—
Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary.
(b)Waiver.—
With respect to a member of a reserve component who is to be ordered to active duty (other than for training) under section 12301 of this title pursuant to an order to active duty that specifies a period of less than 180 days and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require, as a condition of such order to active duty, that the member waive the applicability of subsection (a) to the member for the period of active duty covered by that order. In carrying out this subsection, the Secretary concerned may require that a waiver under the preceding sentence be executed before the period of active duty begins."
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LTC Retired
LTC (Join to see)
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I understand the law and what it provides, what I am curious about is the administrative process. Does a process exist (Army Regulation) and what are the steps?
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SGM Erik Marquez
SGM Erik Marquez
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LTC (Join to see) - sure OK gotcha that should help focus others on providing information if they have it.
I'm not personally familiar with the process for that so can't help directly but with a little luck somebody in the community if taking advantage of this and can guide you best of luck
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LTC Retired
LTC (Join to see)
8 y
Thanks SFC - can you provide a specific link that details the administrative process? SFC (Anonymous) -
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LTC Retired
LTC (Join to see)
8 y
Very helpful - thanks SFC (Anonymous) -
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LTC Amd Chief
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You need to have about 18 and half years of active duty service. Along with a place for you to work off the rest of the time to get 20 years of active service. You're command must also endorse giving you sanctuary. I know 2 COLs and 1 SGM to get sanctuary. So it's possible but, very hard to get.
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