USAF voluntary officer recall (including retirees)
04-20-2009, 04:14 PM
#181
On Reserve
Joined APC: Apr 2009
Position: EMS Helicopter Pilot
Posts: 22
OK, faxed my package in Fri and got an email from them today requesting more information. I guess they didn't like the way I did my Individual Data Summary or my Flying Hour Summary. They also asked for my Physical but I couldn't get that scheduled until the 14th of May.
So bottom line, they are actually looking at the packages as soon as you send them in.
So bottom line, they are actually looking at the packages as soon as you send them in.
04-20-2009, 05:16 PM
#182
Gets Weekends Off
Joined APC: Jul 2007
Position: 73
Posts: 225
Does anyone know how this recall counts towards the USERRA 5 year limit?
Here's a listing of exemptions to the 5 year limit (taken from www.userra.gov):
"(c) Subsection (a) shall apply to a person who is absent from a position of employment by reason of service in the uniformed services if such person's cumulative period of service in the uniformed services, with respect to the employer relationship for which a person seeks reemployment, does not exceed five years, except that any such period of service shall not include any service--
(1) that is required, beyond five years, to complete an initial period of obligated service;
(2) during which such person was unable to obtain orders releasing such person from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such person;
(3) performed as required pursuant to section 10147 of title 10, under section 502(a) or 503 of title 32, or to fulfill additional training requirements determined and certified in writing by the Secretary concerned, to be necessary for professional development, or for completion of skill training or retraining; or
(4) performed by a member of a uniformed service who is--
(A) ordered to or retained on active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of title 10 or under section 331, 332, 359, 360, 367, or 712 of title 14;
(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress. as determined by the Secretary concerned;
(C) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 12304 of title 10;
(D) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the uniformed services; or
(E) called into Federal service as a member of the National Guard under chapter 15 of title 10 or under section 12406 of title 10."
Here's a listing of exemptions to the 5 year limit (taken from www.userra.gov):
"(c) Subsection (a) shall apply to a person who is absent from a position of employment by reason of service in the uniformed services if such person's cumulative period of service in the uniformed services, with respect to the employer relationship for which a person seeks reemployment, does not exceed five years, except that any such period of service shall not include any service--
(1) that is required, beyond five years, to complete an initial period of obligated service;
(2) during which such person was unable to obtain orders releasing such person from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such person;
(3) performed as required pursuant to section 10147 of title 10, under section 502(a) or 503 of title 32, or to fulfill additional training requirements determined and certified in writing by the Secretary concerned, to be necessary for professional development, or for completion of skill training or retraining; or
(4) performed by a member of a uniformed service who is--
(A) ordered to or retained on active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of title 10 or under section 331, 332, 359, 360, 367, or 712 of title 14;
(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress. as determined by the Secretary concerned;
(C) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 12304 of title 10;
(D) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the uniformed services; or
(E) called into Federal service as a member of the National Guard under chapter 15 of title 10 or under section 12406 of title 10."
Riddler,
I am by NO means an expert on this matter but I have done some research. You would really need to get your hands on your orders and then determine where you fall in and talk to a lawyer.
(1), (2) don't apply. (3) excludes your UTA's and AFTPs and AT. 4(a) is where I believe we would fall in but the problem is that you will most likely be "voluntarily ordered" to extended active duty under Title 10, U.S.C. 12301(d), not (a) or (g) as the USERRA guidance states. (a) is a Presidential order, like when your whole reserve unit is activated and it doesn't matter whether you like it or not. (g) is if you are ordered to active duty because you are a "captive" or POW type.
4(c) deals with activations for domestic terrorist threats and attacks.
4(d) deals with "standby reserves."
I am taking 12301(d) orders and after talking to my Chief Pilots, they said that since my job will include deployments to the desert, those portions that I spend in the sand will not count towards the 5 year limit. It's still not without risk because regimes change and the next Chief Pilot may not read it that way.
I think some employers are smarter than others when it comes to these rules. I was upfront because I know that my employer knows the rules and I hope to be gone 5.5 years. When I talked to them, they realize what the Air Force is doing, they support it but did state that they don't know how they will treat those that disappear for more than the 5 years that go to AETC bases etc (not in direct support of OIF/OEF). They want full documentation for everyday gone on orders.
Hope this doesn't confuse more people than it helps.
Humboldt
04-20-2009, 06:34 PM
#183
Gets Weekends Off
Joined APC: Dec 2007
Posts: 829
Seems 4(d) and the "initial commitment" clause would be a pretty good place to start. The initial commitment applies whether you volunteered or not. As far as 4(d) is concerned, I didn't see where it only applies to standby reserves.
04-21-2009, 08:39 AM
#186
Line Holder
Joined APC: Sep 2006
Position: LMCO
Posts: 75
The RRORP paperwork asks for your availability date as well as whether you need 30 days notice for your employer..That ought to help a bit!
04-21-2009, 10:01 AM
#187
Gets Weekends Off
Joined APC: Jul 2007
Position: 73
Posts: 225
Sanctuary is a gift to you, not the other way around.
How can we find out what section of Title 10 AFPC is planning on using?
I saw Title 10 U.S.C. 12301(d) on a set of orders given to someone a year ago with the Permanent Recall to Active Duty. I am assuming that is the same code they will use with these. Does anyone have a contact at AFPC?
Humboldt
04-21-2009, 04:54 PM
#189
Gets Weekends Off
Joined APC: Apr 2007
Posts: 264
Not trying to hijack the thread, but...
Has anyone heard of reservists in low manned areas (ie..upt bases) receiving 1,2, or 3 year running orders to handle some of the shortages? I know a bunch of guys at UPT bases that would jump all over running RESERVE orders. I would guess alot more people would like this option, rather than be back on "active duty".
04-21-2009, 05:21 PM
#190
Gets Weekends Off
Thread Starter
Joined APC: Jul 2006
Position: Left Seat, Toyota Tacoma
Posts: 593
I'm trying to figure this all out with you. I don't think that sanctuary would count as being "unable to get released from orders," in fact, I believe the government would be happy to see you go at 18+ years sans retirement.
Sanctuary is a gift to you, not the other way around.
How can we find out what section of Title 10 AFPC is planning on using?
I saw Title 10 U.S.C. 12301(d) on a set of orders given to someone a year ago with the Permanent Recall to Active Duty. I am assuming that is the same code they will use with these. Does anyone have a contact at AFPC?
Humboldt
Sanctuary is a gift to you, not the other way around.
How can we find out what section of Title 10 AFPC is planning on using?
I saw Title 10 U.S.C. 12301(d) on a set of orders given to someone a year ago with the Permanent Recall to Active Duty. I am assuming that is the same code they will use with these. Does anyone have a contact at AFPC?
Humboldt
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