What do y'all know about sanctuary status for those over 18 years time on service?

CW2 Stephen Pate — Mon, 03 Dec 2018 16:39:20 -0500

Looking for regulatory guidance, etc. I've read a few regs already but can't really find anything that's super clear, go figure. It would be good to hear from any HRC type people or maybe retirement service folks, or even someone who's dealt with this very recently. I've heard it exists, but also that it doesn't. What do you know about it and how does it apply to active duty army?

Response by LTC Jason Mackay made Dec 3 at 2018 10:15 PM

LTC Jason Mackay — Mon, 03 Dec 2018 22:15:02 -0500

CW2 Stephen Pate sanctuary is actually a reserve component program. The safety of 18 years TIS is set by federal law.

10 U.S. Code § 631, § 632: O2s, O3s, and O4s (other than Navy and Marine Corps Limited Duty Officers) who have twice failed for promotion shall be discharged. If eligible for retirement, that officer is retired. If retirement eligibility is within 2 years, that officer is retained until eligible and then retired. Retirement or discharge in this manner is considered to be involuntary.

http://dopma-ropma.rand.org/failure-of-selection-for-promotion.html

Here is the HRC Sanctiary link. https://www.hrc.army.mil/content/Officer%20Sanctuary%20Program

DOPMA/ROPMA Reference | Failure of Selection for Promotion

The statutory procedure for promotion is a process of selection of the best-qualified officers from a group of generally outstanding officers. Selection boards consider a group of highly-capable officers, which results in a certain number of individuals failing selection one or more times.

Response by CPT David McDonald made Jan 2 at 2020 5:05 PM

CPT David McDonald — Thu, 02 Jan 2020 17:05:33 -0500

It applies the same to active duty and reserves. the key is 18 years of AFS.

I know I did it.

§12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty
(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.
(Added Pub. L. 103–337, div. A, title XVI, §1662(i)(1), Oct. 5, 1994, 108 Stat. 2998 ; amended Pub. L. 104–201, div. A, title V, §533, Sept. 23, 1996, 110 Stat. 2520 ; Pub. L. 108–375, div. A, title V, §522, Oct. 28, 2004, 118 Stat. 1888 .)