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Old 03-09-2013, 07:48 AM
  #11  
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Originally Posted by Chris99 View Post
FWIW, I was a Limited Period recallee who separated last August and I posed the question to ARPC before I got out. I have an e-mail from ARPC saying that my service counts to reduce my retirement age.

Hopefully they are correct. Something that a clerk puts in writing doesn't supersede federal law.
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Old 03-09-2013, 11:30 AM
  #12  
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Originally Posted by Chris99 View Post
FWIW, I was a Limited Period recallee who separated last August and I posed the question to ARPC before I got out. I have an e-mail from ARPC saying that my service counts to reduce my retirement age.
I'm curious if there are any Limited Period Recall or Retired Rated Recall folks out there who have separated after the new reg came out in January and posed the same question of ARPC. Is service completed prior to the new reg still eligible for early retired pay?

As to the previous post about the relationship between Title X and congressional authorization for early retired pay versus a DOD Instruction. To my knowledge congress authorized the services to grant early retired pay, but it is up to DOD to determine how to implement that. DODI 1215.07 appears to be the governing reg for implementing that authorization and it appears the rules have changed. I don't think it is a case of DOD overriding Title X. Am I missing some other reg or document that says otherwise?
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Old 03-10-2013, 05:41 AM
  #13  
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Originally Posted by UALBusDrvr View Post
As to the previous post about the relationship between Title X and congressional authorization for early retired pay versus a DOD Instruction. To my knowledge congress authorized the services to grant early retired pay, but it is up to DOD to determine how to implement that. DODI 1215.07 appears to be the governing reg for implementing that authorization and it appears the rules have changed. I don't think it is a case of DOD overriding Title X. Am I missing some other reg or document that says otherwise?
DoD also "interpreted" the early retirement law in their favor by limiting the 90 day counter to each fiscal year. So if you did 89 days qualifying service in each of FY 10, 11, 12, and 13, you would not get retirement pay prior to age 60.

But if you did 90 days in FY 10, 11, 12, and 13, you would get retirement pay at age 59.
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Old 03-10-2013, 07:47 AM
  #14  
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Originally Posted by navigatro View Post
DoD also "interpreted" the early retirement law in their favor by limiting the 90 day counter to each fiscal year. So if you did 89 days qualifying service in each of FY 10, 11, 12, and 13, you would not get retirement pay prior to age 60.

But if you did 90 days in FY 10, 11, 12, and 13, you would get retirement pay at age 59.

I think congress is going to fix it that this time, eliminate the fiscal year requirement.
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Old 03-10-2013, 10:58 AM
  #15  
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Originally Posted by rickair7777 View Post
I think congress is going to fix it that this time, eliminate the fiscal year requirement.
Hope you are right. It was in a Congressional Bill a couple years ago (to fix it) but it did not make it thru.
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Old 03-10-2013, 06:39 PM
  #16  
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Default Sanctuary?

I have the dreaded 688a orders, But, I have over 20 years of Active Duty points...that is, I have crossed Sanctuary.

Would this new reg/interpretation apply here as well? "Sanctuary" being the term I was given my last few years in the Reserves where, if I was about to go on AD orders, I had to sign a Sanctuary waiver which said I wouldn't try to claim immediate retirement and money upon receipt of those orders.

Since then, I've accrued nearly 3 more years of AD points. I'm pretty sure I have about 21 or 22 years worth of AD points (hadn't thought it a worry before a week ago).

I think I'm OK, but curious as to other opinions.
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Old 03-10-2013, 07:07 PM
  #17  
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Originally Posted by UAL T38 Phlyer View Post
I have the dreaded 688a orders, But, I have over 20 years of Active Duty points...that is, I have crossed Sanctuary.

Would this new reg/interpretation apply here as well? "Sanctuary" being the term I was given my last few years in the Reserves where, if I was about to go on AD orders, I had to sign a Sanctuary waiver which said I wouldn't try to claim immediate retirement and money upon receipt of those orders.

Since then, I've accrued nearly 3 more years of AD points. I'm pretty sure I have about 21 or 22 years worth of AD points (hadn't thought it a worry before a week ago).

I think I'm OK, but curious as to other opinions.
As you know, sanctuary hits at 18 years of AD. You had to sign a waiver. What this means is that if they give you orders, you won't say "you have to keep me on AD until I have 20 years and retire." You aren't saying you won't take your active duty retirement at 20 years of AD.

If you have over 20 years of AD, you aren't in sanctuary. Sanctuary is between 18-20 years. You have no worries unless the rules change.
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Old 03-10-2013, 07:19 PM
  #18  
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Originally Posted by UALBusDrvr View Post
I'm curious if there are any Limited Period Recall or Retired Rated Recall folks out there who have separated after the new reg came out in January and posed the same question of ARPC. Is service completed prior to the new reg still eligible for early retired pay?

As to the previous post about the relationship between Title X and congressional authorization for early retired pay versus a DOD Instruction. To my knowledge congress authorized the services to grant early retired pay, but it is up to DOD to determine how to implement that. DODI 1215.07 appears to be the governing reg for implementing that authorization and it appears the rules have changed. I don't think it is a case of DOD overriding Title X. Am I missing some other reg or document that says otherwise?
It is in USC 10, chapter 1223. It has a recent change which lowered the min age now to fifty and did a few other things. It has always been 90 per fiscal year and that is in the USC. The afpc fact sheet (28 feb 2013) is also a nice summary. But, title 10 is governing and the DODI is really about accounting and reporting.
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Old 03-11-2013, 07:04 AM
  #19  
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Originally Posted by UAL T38 Phlyer View Post
I have the dreaded 688a orders, But, I have over 20 years of Active Duty points...that is, I have crossed Sanctuary.

Would this new reg/interpretation apply here as well? "Sanctuary" being the term I was given my last few years in the Reserves where, if I was about to go on AD orders, I had to sign a Sanctuary waiver which said I wouldn't try to claim immediate retirement and money upon receipt of those orders.

Since then, I've accrued nearly 3 more years of AD points. I'm pretty sure I have about 21 or 22 years worth of AD points (hadn't thought it a worry before a week ago).

I think I'm OK, but curious as to other opinions.
Once you have 7305 AD points, you are eligible for active duty retirement. I filled out 5 waivers prior to hitting 7305 AD points and did not have to fill out any waivers after that.
I retired in 2010 and immediately drew retirement pay for more than 23 years' worth of points. After hitting 7305 AD, your IDTs and education points will also count toward AD retirement (up to a limit of 365/366 pts/yr).
Get a points printout from the ARPC website; you should see more than 7305 points in the AD column. That will allow you to collect retirement immediately when you retire.
Be prepared to call ARPC several times to make sure everything goes smoothly.
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Old 03-15-2013, 03:57 PM
  #20  
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I wrote TFSC in Denver an email to see if I could begin uploading my certified orders now to VPC-GR so I would not have to do 1000 uploads at retirement. I received an unintelligible response from what appears to be a cave man. Do any of you guys know if we can start qualifying orders early so it is not such a pain later? The website looks like it will accept them, but I am not sure if it will work.
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