Reserve Reduced Retirement Age Rule Change
 

Anyone notice the rule change DOD implemented with the Jan 2013 revision to DODI 1215.07 that greatly restricts what kinds of active duty service is eligible for reducing your age 60 retirement pay? The old reg was pretty liberal in allowing credit for most active duty service including those recalled to active duty under the Limited Period Recall and Retired Rated Recall programs. I know two guys finishing up their active duty tours (one from each program) who are being told by ARPC that their active duty service does not count towards reducing the age at which they collect retired pay. The old reg (Nov 2008) clearly spelled out that both kinds of tours would be eligible. Anyone else out there being told this and having any luck fighting "the man?"

See links below for both the new and old reg.

www.dtic.mil/whs/directives/corres/pdf/121507p.pdf

http://www.calguard.ca.gov/g1/Docume...%201215.07.pdf

Did the orders say 12301(d) on the back? If so, it seems pretty clear cut that they are eligible. That is a typical ADT order.

I'm doing some research. A buddy of mine (Guard Retired Recall Guy) and I (Reserve Retired Recall) were discussing today. He is more knowledgeable on the subject. He knows the Title Number it applies to; I'm not sure which mine are. He says he no longer can.

I kind of think the new change affects Guardsmen, but not Reservists.

More when I know for sure.

Private business has long ago figured out how to break unions, end pensions, reduce retirement, decrease benefits, pay as little as possible, etc.

The government is just now figuring this out.

For what it's worth I am retired reserve and recalled under "Title 10, USC 688a." These orders were eligible under the old reg but not under the new. See Para 5.b.1 in the new reg. vs Para 6.5.2.2 in the old reg.

Keep copies of all old regs.

Always.

But especially in the 36-series and any other that affect pay/benefits....

Good idea. Also, this is a DoD instruction basically for how to credit the points. It can not supercede title 10.

This may not be a bad idea, but our retirement (or compensation) is not contractually guaranteed. It's basically whatever the government sees fit to extend to us at the time.

There is no automatic grandfathering if/when laws change, although previous changes have usually explicitly grandfathered those already in service (ex REDUX).

If title 10 changes, you're now subject to the revision, and cannot claim that the old version applies to you.

Service policy will not supersede Title 10, best you could do would be to argue their interpretation of Title 10.

Your last sentence exactly. Implementation of DoD policy and USC is governed by the service regulations. The HOW behind the WHAT. Quite often, it's pertinent.

Also, keep copies of anything and everything that you sign your name on that even smells like a contract...

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.