Posted on Dec 3, 2018
What do y'all know about sanctuary status for those over 18 years time on service?
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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?
Posted >1 y ago
Responses: 2
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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
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.
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CW2 Stephen Pate
LTC Jason Mackay yeah, I'll hit 18 years in 6 months. That's why I was wondering if the sanctuary thing applied to me. Looks like it doesn't so I may want to start planning my future.
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LTC Jason Mackay
CW2 Stephen Pate - AR600-8-29 Para 3-5. I'd review CH3 in general.
AR600-8-24
5–11. Rules for separation of an officer due to nonselection of a field promotion
a. An ADL officer not recommended for promotion to the grade of 1LT or CW2 (AR 600–8–29, chap 3) will be separated not later than 90 calendar days after the Promotion Review Authority approves the nonrecommndation for promotion. A warrant officer within 2 years of retirement is excluded.
b. With the exception of a dual status officer, the SAA may approve early release of an officer or warrant officer on the ADL.
c. Officers separated under this paragraph will receive a DD Form 256A.
AR600-8-24
5–11. Rules for separation of an officer due to nonselection of a field promotion
a. An ADL officer not recommended for promotion to the grade of 1LT or CW2 (AR 600–8–29, chap 3) will be separated not later than 90 calendar days after the Promotion Review Authority approves the nonrecommndation for promotion. A warrant officer within 2 years of retirement is excluded.
b. With the exception of a dual status officer, the SAA may approve early release of an officer or warrant officer on the ADL.
c. Officers separated under this paragraph will receive a DD Form 256A.
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LTC Jason Mackay
CW2 Stephen Pate - see if this discussion holds any weight. https://www.rallypoint.com/answers/can-a-warrant-officer-transition-to-enlisted
Can a Warrant Officer transition to enlisted? | RallyPoint
I am a permanently grounded CW2 Aviator with 9 years TIS attempting to reclass to a new Warrant Officer MOS. If unable to reclass to the new Warrant Officer MOS that I'm attempting or any others, due to pre-requirements or being over-strengthed, can I revert back to being enlisted? I have always loved the Army and would do anything to continue to retirement. Thank You in advance!
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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 .)
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 .)
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PO2 (Join to see)
Sir good evening, does this apply to active enlisted US Navy personnel as well sir? I did talk to a JAG officer on the phone and I'm a second class petty officer. He told me as long as I hit 18 years I'll be Sanctuaried. Please advise sir and thank you.
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PO2 (Join to see)
Sir here is the Milpersman file and link:
https://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1000General/Documents/1001-100.pdf
https://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1000General/Documents/1001-100.pdf
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PO2 (Join to see)
PO2 (Join to see) - Sir I'm not with the reserve component Sir, I've been active duty since 2004 March. 2022Oct will be 18 years 7 months for me and thats my EAOS Sir. Sir will i still be retained even though I'm way overdue on my high year tenure? I've been past 16 years already Sir.
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