Posted on Jan 30, 2019
Which AR states the correct Service Obligation for retirement purposes?
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I have a question that I'm sure has been answered about 1000 or more times through the course of the US Army, but I am finding it difficult to find the answer now, and based on two conflicting regulations, I'm lost as to what the answer actually is. My question is this:
I was is promoted to the rank of Sergeant First Class on 1 Jan 2018 with 17y11m of service, the regulation that covers my promotion indicates a service obligation of 3 year (36 months) per AR 600-8-19 dated 14 Sep 2016, para 4-8. This would have my eligible retirement date no earlier than 1 Feb 2021 with 21y0m. I also found AR 635-200, Active Duty Enlisted Administrative Separations, dated 19 Dec 2016, para 12-6, which states "Soldiers who are promoted to the grade of SFC, MSG/1SG, or SGM/CSM incur a 2-year service obligation (AR 600-8-19). This obligation will be from the effective date of the promotion." This would mean that I am eligible for retirement on 1 Feb 2020 with 20y0m.
My question is this...which would have the correct information, as these are clearly conflicted regulations, and asking the local transition office only gave me the answer of “Send in your request and let HRC approve or deny it.”
Any assistance would be welcome in this matter. I have a BASD of 20JAN2000 for reference purposes.
I was is promoted to the rank of Sergeant First Class on 1 Jan 2018 with 17y11m of service, the regulation that covers my promotion indicates a service obligation of 3 year (36 months) per AR 600-8-19 dated 14 Sep 2016, para 4-8. This would have my eligible retirement date no earlier than 1 Feb 2021 with 21y0m. I also found AR 635-200, Active Duty Enlisted Administrative Separations, dated 19 Dec 2016, para 12-6, which states "Soldiers who are promoted to the grade of SFC, MSG/1SG, or SGM/CSM incur a 2-year service obligation (AR 600-8-19). This obligation will be from the effective date of the promotion." This would mean that I am eligible for retirement on 1 Feb 2020 with 20y0m.
My question is this...which would have the correct information, as these are clearly conflicted regulations, and asking the local transition office only gave me the answer of “Send in your request and let HRC approve or deny it.”
Any assistance would be welcome in this matter. I have a BASD of 20JAN2000 for reference purposes.
Retirement
HRC
Army Regulations
Posted 5 y ago
Responses: 5
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You can retire when you reach 20yrs, however, in order to receive retirement pay as a SFC you would have to complete the 3yr service obligations. The service obligation should have been in your promotion orders with the regulation reference.(I’ll hv to double check my own orders)
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This post Is fairly old but I ran into this situation since the 4187 says "are you in compliance with Chapter 12 AR 635-200" which states 2 years but 600-8-19 says 36 months and so does your Promotion orders. So they denied my retirement request since I have 4 months left until 36 months. I submitted a waiver IAW 635-200 to waive my service remaining requirements for "Family Hardship" since my son cannot receive correct medical care here at Fort Bliss but he can at my "retired" location. Has anyone heard of a waiver being approved of this nature?
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So would this mean on the DA Form 2339, Block 23 we will check that we have one? if we can still retire at 20 and just take a bump down in pay will checking this block affect approval?
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