JSTARSPILOT

Several of the guys in my unit have taken the VSP and have also went palace front into the Georgia ANG in a full time AGR position. After much research we have proved to AFPC that their website is wrong. These guys will not have to pay back the VSP unless they retire.


Here is some e-mail traffic from them
There are several of us who have spoken with the JAG. The info you just sent out is not correct and the statement is missing the word Active. I have yet to be shown a reg that says a Title 32 AGR has to re-pay this VSP immediately. It is only word of mouth or when someone sends out bad info. Please reference the below info taken from the National Defense Authorization Act. It clearly states that members on Title 32 do not have to pay it back until the qualify for a retirement under Code 10. The statement in your e-mail is not the correct statement that is actually in Attachment 11. Attachment 11 clearly says "Active Duty Guard" and AGR is not the same as Active Duty Guard. The below regs also define that the term full time national guard is not included as Active Duty. Please review the following info. There is a lot of bad information going around but this is straight out of the law signed by Congress. The confusion continues to revolve around Title 10 versus Title 32. An actually law takes precedence over what someone puts out in an e-mail. Attachment 11 is something put out by AFPC and not a law.Please help us straighten this out. If you actually have the reg that says otherwise please send it out.


ATTACHMENT 11
I understand that if I have received any part/all of voluntary separation pay under this program and later return to active duty (regardless of Service), including a full time active duty position in the Reserve or Guard, I will have the amount deducted from my pay (schedule to be determined) until such time that the total deducted from basic pay equals the total amount received. Exceptions: members involuntarily recalled to active duty or full-time National Guard duty IAW certain subsections of US Code 10.


Sec. 1175a. Voluntary separation pay and benefits

`(j) Repayment for Members Who Return to Active Duty- (1) Except as provided in paragraphs (2) and (3), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received.
`(2) Members who are involuntarily recalled to active duty or full-time National Guard duty in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title or section 502(f)(1) of title 32 shall not be subject to this subsection.
`(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.

U.S. Code 10 Part 1, Chapter 1, S101.
(d) Duty Status.—The following definitions relating to duty status apply in this title:
(1) The term “active duty” means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National