Members of the National Guard, Air National Guard and military Reserves who have met the 20-year service requirement are generally eligible for receiving retirement benefits at age 60. However, the 2008 National Defense Authorization Act (NDAA) authorized early retirement benefits for members of the Reserve Corps who meet certain criteria. The criteria were later updated with the 2015 NDAA to make it easier for certain members of the Reserve Components to qualify for early retirement pay.
Note: Early Retirement only is only applicable to early retirement pay. TRICARE benefits eligibility still begins at age 60. See below for more information on how you can obtain affordable health care before TRICARE kicks in.
Under the 2008 National Defense Authorization Act, members of the Reserve Component who served at least 90 days during a fiscal year on a deployment in support of overseas operations such as the Iraq or Afghanistan campaigns are authorized to retire three months early for each 90 day period they served in any given fiscal year. This only applies to members of the Guard or Reserves who participated in a qualifying active-duty mobilization after Jan. 28, 2008, which is the date the Act was signed into law. Service on or before this date does not count toward early retirement.
In January 2013, Congress expanded the criteria for early retirement by authorizing additional eligibility requirements. The new rules allow members of the Guard or Reserves to count activations for national emergencies including natural disasters such as earthquakes, hurricanes, tornadoes, floods, etc. Members of the Reserve Components may also be eligible to retire early if they were in a Warrior Transition unit and were injured while mobilized for responses as mentioned above.
The 2015 National Defense Authorization Act further expanded benefits. The 2015 NDAA removed the requirement for the 90 days of active duty service to be performed within the same fiscal year – activations could cross into consecutive years. However, this only applies to activations beginning FY15 and later. Further details below.
Early Retirement from the Guard and Reserves
How to Qualify for Retirement from the Guard & Reserves
A member must serve a full 20-year service obligation before being eligible to retire from the National Guard or Reserves. Members can retire as soon as they have 20 good years of service, but they are considered gray area retirees until they reach age 60. In general, they will be eligible to access base activities such as the gym, MWR, commissary and base exchange privileges. They would only be eligible to begin receiving other retirement benefits at age 60, including pay and medical benefits.
How Early Retirement Works
To be eligible for early retirement, a member of the Reserve Corps must still complete the 20-year service requirement. How early they can retire depends on the number of active duty days they served on a mobilization after Jan. 28, 2008.
Early retirement reduces the eligibility age for receipt of Reserve retired pay by three months for each aggregate of 90 days of qualifying active duty performed within a fiscal year. For example, if you served 90-179 days in a fiscal year, you could only retire 3 months early. If you served 180 or more days in a fiscal year you could be eligible to retire 6 months early.
Important Note for Deployments that Started Prior to FY 2015
The entire 90 days must also be served during the fiscal year. If you served 90 consecutive days, but part of your mobilization was before the fiscal year end and part was during the new fiscal year, then the 90-day mobilization wouldn’t count toward early retirement. This makes the timing of the deployment very important when determining early retirement eligibility.
The good news is that your mobilization doesn’t need to be continuous. Your service would meet the early retirement requirements if you served 30 days at the beginning of the fiscal year and 60 days at the end of the fiscal year, so long as all 90 days were served within the same fiscal year. Many Guard and Reserve members are often mobilized for short time frames, including 15- or 30-day rotations.
You can add all of these together to meet the 90-day requirement, so long as they all fall within the same fiscal year. If you find yourself in a similar situation, then be sure to keep good track of your mobilization dates so you know whether or not your mobilizations will help you qualify for early retirement.
90 Day Early Retirement Periods are Cumulative
Servicemembers can qualify for more than one 90 day early retirement period in a Fiscal Year. For example, someone who served 90+ days in FY 2009, 180+ days in FY 2010, and 90+ days in FY 2011, and 90+ days in FY 2012 would be eligible to retire at age 58 and 9 months (five three month periods, or 1 year 3 months early). The only rule for the cumulative early retirement benefit is that members cannot retire before age 50.
Update 2015 National Defense Authorization Act
The 2015 National Defense Authorization Act makes it easier for Reserve Corps members to qualify for early retirement when called to active duty. Prior to FY 2015, members had to serve 90 days on active duty during a fiscal year in order to be eligible to retire early. Service time that crossed a fiscal year didn’t count toward early retirement unless they had 90 or more days during a fiscal year, making the timing of the deployment very important when determining early retirement eligibility.
The new law allows that time to cross into the consecutive fiscal years. However, this only applies to deployments that started after 30 September, 2014 (or deployments that began in FY 2015).
This law is not retroactive to 28 January, 2008, which is the date of the original early retirement rule. So to recap:
- Early retirement qualifying service (28 January 2008 – 30 September 2014): Must serve 90 days on active duty within a fiscal year.
- Early retirement qualifying service (01 October 2014 – present): Must serve 90 days on active duty; service time can cross into consecutive fiscal years.
You can read more about this update in the following resources:
Qualifying and Non-Qualifying Service for Early Retirement
Qualifying Service
Most active duty time counts for early retirement, including deployments in support of overseas operations, mobilizations for natural emergencies which are authorized by the governor and paid for by federal funds, and other active duty service periods including training and attending military schools. However, not all service counts toward early retirement.
Non-Qualifying Service
You must have been a member of the Guard or Reserves when you were activated for the qualifying service. Members who originally joined the service as active duty then later transitioned to the Guard or Reserves are not able to count their previous active duty service toward early retirement.
Other ineligible Guard or Reserve duty includes actions such as performing weekend drills, 2 weeks annual training, those in full-time AGR or TAR status, muster duty, those who were activated for courts-martial or disciplinary reasons, and those who were listed as not participating at a satisfactory level.
Meeting Eligibility Requirements is Only Part of the Battle
It’s up to the member to be aware of these changes and file for early retirement. In these instances, you will need to have proof of your activation, including the reason and the duration of time you were activated.
This is where your mobilization orders and DD Form 214 are essential. As you know, your DD Form 214 is issued when you are released from active duty service. This is a different form than your DD Form 256, which is the Honorable Discharge paperwork you receive when you separate from the Guard or Reserves.
Keep Good Records of Your Service
Your mobilization orders should state the reason for your mobilization or activation, as will your DD Form 214. In order to qualify for the early retirement under the new rules, you will need to have either Title 10 or Title 32 orders with the following annotation: 12301(a), 12301(d), 12301(h), 12302, 12304, 12305 or 12306.
Here is a reference from the US Army that covers other forms:
AD, for this purpose, means service pursuant to a call or order to AD on orders specifying, as the authority for such orders, a provision of law referred to in section 101(a) (13)(B), and performed under section 688, 12301 (a), 12302, 12304, 12305, 12406, and chapter 15 (insurrection), or under section 12301 (d) of Title 10 USC. Active Guard Reserve (AGR) duty under section 12310 of Title 10 USC, will not be included as service on active duty for determining eligibility for reduced age retired pay for non-regular service.
Active service includes service on AD as defined in subparagraph 6.5.2.2 of DoDI 1215.07, and Full-time National Guard when under a call to active service by a governor and authorized by the President or the Secretary of Defense under section 502(f) or 115 and 502 (f) of Title 32 USC for purposes of responding to either a national emergency declared by the President or a national emergency supported by Federal funds.
Because much of this is up to you filing the required paperwork on time, you need to keep excellent records. If you notice discrepancies in your paperwork, contact your unit immediately to have your records corrected. If you have since left your unit and are no longer serving, you may need to contact the National Archives. We have an article on requesting military records.
If in doubt, try speaking with your unit personnel section, or try contacting your HHQ personnel section for further clarification.
Early Retirement is For Pay; Other Benefits Come at Age 60
While your deployments can start the clock earlier for your retirement pay and benefits such as access to the commissary or base exchange, early retirees will have to wait until age 60 to be eligible for certain other benefits, such as TRICARE Prime benefits and Space-A travel eligibility.
TRICARE for Life eligibility begins at age 65.
Please see this article for more information about health care options:
- Health Insurance Options After Leaving the Military
- Health Care Options for Retired Guard or Reserve Members
- VA Health Care Eligibility
The above references will help you plan for your health care needs while awaiting TRICARE Prime eligibility, and later, TRICARE for Life.
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Victor H Harris says
The HQ of the South Carolina Guard (G1/HR) would have to address this. You do not need the actual unit because according to the narrative you wrote there is no question on his time served. When someone has reached 20 eligible years they receive their 20 yr letter. It does not show up years down the line. So your uncle has never reached 20 yrs. Reach out to the HQ G1 or even the Inspector general for assistance. At this point you are asking for an exception. Not a correction or injustice. Your Uncle made a bad mistake by not waiting for for his 20 year letter. Most people with 20 years of service know better than to leave before you are sure you have paperwork in hand. The ABCMR will not act on it until the command (SCARNG) has had the opportunity to address the issue. Good luck.
Ray Stargel says
If the early retirement (drop program) is going by the government fiscal year which is October to October and the bill passed for this effective date is Jan 28, 2008, does that mean the qualifying service starts October 1, 2007, (beginning of the fiscal year) moving forward or the qualifying service starts on Jan 28, 2008, which is not the beginning of the fiscal year.
The reason I am asking is I deployed several times since 2001 both to Iraq and Afghanistan, the only deployment in my case that falls under the drop program (early retirement) was from September 2007 to December 2008 but if they are only going to count after Jan 28, 2008, that cuts down on when my retirement takes effect.
In all the research I have read on the drop program they reference the fiscal year for the program but there is no clarification if they mean October 1, 2007, since that is the start of the fiscal year, or they are going by when the bill was signed Jan 28, 2008. which approximately four months into the fiscal year.
Ryan Guina says
Hello Ray, this is quoted from the article, “This only applies to members of the Guard or Reserves who participated in a qualifying active-duty mobilization after Jan. 28, 2008, which is the date the Act was signed into law. Service on or before this date does not count toward early retirement.”
It appears you will get early retirement credit for part of your deployment but not for the time served before January 28, 2008.
Amanda says
What is the rationale for not covering the OIF I – OIF IV (all prior to 2008)? I served, boots on ground, in Kuwait/Irag from DEC 2004 to JAN 2006. As I understand, none of this time counts toward early retirement?
Bob Stephenson says
This site is misleading. Why can’t I access a simple calculator? All I want to do is enter 1) Rank retired at 2) Total Points 3) Sat years, and get an estimate of what my retired pay will be when I turn 60. All of the “sponsored” links just produce another search engine result under the general topic of retirement income.
Ryan Guina says
Hello Bob, this article is about how National Guard and Reserve members can qualify for early retirement age. This is not a calculator for military retirement benefits. The calculation is not as simple as it appears on the surface and will depend on the servicemember’s retirement rank, their total number of points, and other factors. I recommend researching a specific retirement calculator to help you find the answers to your query.
Best wishes.
Larry says
Ryan,
I’m attempting to apply for the program of reduced age retirement. The issue is that I’m a IMA/Reservist and don’t have a orderly room to ask these questions. Can you send me the Reduced retired pay age application? Or tell me the form number. I’m 57 now and have about 2 and half years of qualify time. Thank you for your time. Have a great day.
Larry
Ryan Guina says
Hello Larry, I don’t have a copy of the reduced age application. You will need to work with your branch of service’s main personnel or HR office (Army HRC, AFPC, BUPERS, etc.). They should be able to help you apply for your military retirement benefits. I hope this points you in the right direction. I wish you the best, and thank you for your service!
William Grobman says
What is frustrating here is the lack of clarity regarding 502(f) orders for National Guard members.
“Active service includes service on AD as defined in subparagraph 6.5.2.2 of DoDI 1215.07, and Full-time National Guard when under a call to active service by a governor and authorized by the President or the Secretary of Defense under section 502(f) or 115 and 502 (f) of Title 32 USC for purposes of responding to either a national emergency declared by the President or a national emergency supported by Federal funds.”
It seems logical that a National Guard Soldier whose year to year ADOS orders and whose primary responsibility was to assist in the mobilization of NG troops for the National Emergency by Reason of Certain Terrorist Attacks (Proclamation 7463) (still in effect) that was, and still is, funded by OCO (federal funds) would be found eligible to retire early under that rule. As we can see from this discussion, many were told such orders would qualify but what we are seeing is a either a reversal and/or a denial by the state’s retirement offices. My wife was the example Soldier I just gave and we will submit her paperwork early. Not sure where we will take it if it is denied but rest assured, we don’t plan on excepting a ‘no’ without a justifiable reason.
Stan says
Hello Ryan, First I wish all the veterans here the best of health and pray you get the benefits you deserve. My question is this: I was medically retired early as a Reservist. I do receive retirement and VA but the VA is taken out of my pay. I had 17.6 years in at the time of my retirement. Will I ever qualify for the time reduction. I don’t know if I would ever qualify to have the VA payments stop being subtracted from my retirement pay? I was on orders from 2008 to 2014.
Ryan Guina says
Hello Stan, Thank you for reaching out to me. This is a great question, but I’m honestly not sure of the answer. I recommend contacting DFAS, or possibly the human resources or personnel office at the base where you served. Hopefully, one of those organizations can give you better insight into how this law works for medical retirements. I wish you the best, and thank you for your service.
Jack S. says
Ryan – quick question: I was recalled for 2 years of active duty (July 2008 – July 2010) while I was a member of the Retired Reserve (having completed all my Reserve time, retiring in 2007).
Is there any chance I could be eligible for an early drop?
Ryan Guina says
Hello Jack, Based on your service dates, I would think so – I recommend contacting your branch of service personnel or Human Resources headquarters and ask if you are eligible, and if so, how to apply for the early retirement pay. Once approved, you would then need to apply for the pay with DFAS.
I wish you the best, and thank you for your service!
Jonah says
So, question. I have 17 years combined active duty and Air National Guard duty. I am also a federal employee. I currently have 10 years working for the department of Veterans Affairs. When I hired on about 10 years ago I began buying my active duty time back. I am currently 3 years away from my 20 years in the national guard for retirement (7 of these years are active duty years). I was told that if I retire from the national guard using combined time that I CANNOT use the active duty time twice using it as additional years as federal employment and that it is a waste that I bought back that time. On the other hand, folks have told me that I will be able to receive my 20 year retirement from the national guard and receive a federal retirement from the department of Veterans Affairs plus my 7 years of active duty time. People have said that it is double dipping and not allowed and other people have said that it is not double dipping and it IS allowed. Human resources doesn’t have the slightest idea and they cannot give me an answer.
Ryan Guina says
Hello Jonah, You can buy back your military service credits when you join the Federal Civil Service. When you do so, you can only buy back active duty service, you cannot buy back Guard/Reserve service.
You cannot use your active duty service time to count toward both an active duty military retirement and a Civil Service retirement.
However, you can use your active duty service time toward both a Reserve Component retirement and a Civil Service retirement. In this case, it is almost like double-dipping, but it is allowed.
This article and podcast have more information on buying military service credits.
I hope this answers your question.
Lashun Watkins says
I have a question and maybe you can help because no one seems to know an answer to this. My uncle was given a honorable discharge thinking he had satisfied his 20 years total service. He was active duty for some and the South Carolina National guard for the rest. He was even invited to retirement dinners and ceremonies. However, he never received his 20 year letter/certificate when he turned 60 or 62. We began investigating and it was not until 5 years later that we found out he did not receive a letter because he received a honorable discharge at 19 years, 8 months, 20 days. He was called back on active duty for 2 months in 1991 to train soldiers for the first Gulf War. Now, by his total points, he has enough to get retirement pay. However, he is a couple of months short for the 20 years. Is there anyway we can fight this? We sent a package to the Army Board of Corrections, but they won’t see the case until the NG makes a ruling. However, his unit(s) no longer exist, and finding someone to help on this has been hell. Any help, suggestions, comments would be greatly appreciated. I am pretty much on the verge of seeing if a congress person can step in on this. 2 months? That is insane. No dishonorable or general or administrative discharge either.
Nicholas Guemes says
Hopefully this message reaches you.
I was in the Ca ARNG and durning most of that time, I was a dual status federal technician. Does my army/guard time as well as my federal time both qualify me for my now very new federal employee position in regards to retirement?
Ryan Guina says
Hello Nicholas,
I’m not an expert on the federal retirement system. But I believe your military service and previous federal service will help in that regard. You should be able to buy back your active duty time for federal civil service retirement credits. And your previous technician service should count toward retirement. A federal civil service HR member should be able to fill you in on the details.
I wish you the best, and thank you for your service!
William LeCompte says
I am in the Texas National Guard and I have been activated through the president for operation guardian support.
I have 2 comments. We were told that we could earn post 911 benefits but I found out that was just a lie.
I also want to know if my days on orders title 32 502f are eligible for early retirement and if they are, do I need 20 years or could I retire in 18.5.
Thanks
Ryan Guina says
Hello William, The article states the following:
Regarding early retirement – one still needs 20 years of qualifying service to be eligible for military retirement. You can’t retire at 18.5 years unless it is under the Temporary Early Retirement Authority (TERA), or medical retirement. Both are outside the scope of this email, and wouldn’t apply in this case.
Once a member qualifies for early retirement, it only applies to their pay, and how many months early they can receive it prior to reaching age 60.
I recommend visiting your personnel or human resources office for a full review of your service time so you have a better understanding of where you are regarding retirement eligibility, points, and when you will be able to draw retirement pay.
I wish you the best, and thank you for your service!
Corey says
Is there a good system in place on the reserve side of the house to explain retirement?
I am active duty and thinking about transitioning to the reserves. I will have 10 years of active time when I transition. I would have assumed that my 10 years active time would count towards the early retirement age but an article I read elsewhere said active duty time that was obtained while not in a reserve/guard unit does not count towards any early retirement. Honestly, reading and trying to calculate what I would get at the end.
No offense but I really don’t trust talking to my reserve guy at branch without knowing if they truly understand the retirement system. Even on the active side, there are guys who don’t understand BRS and give very poor advice to Soliders.
Ryan Guina says
Hello Corey, The article you read was correct – the only time that counts toward early retirement is active duty time in support of a deployment that occurs while you are serving in the Guard or Reserves. Your active duty time prior to joining the Guard or Reserves does not count.
Here are some articles that may be helpful:
– Should You Join Guard or Reserves? (Article / Podcast)
– Guard / Reserve Service Requirements (Is One Weekend a Month, Two Weeks a Year Accurate?)
– National Guard and Reserves Retirement Benefits (Article / Podcast)
– Understanding Guard and Reserve Points & Retirement
– How to Calculate a Reserve Retirement
– National Guard and Reserve Early Retirement Age
– Don’t Gut it Out – Why Leaving Active Duty for the Reserves May Be a Good Option
Reading all of these will give you a better overall understanding of how the Guard and Reserves works, including points, retirement, calculating retirement, and more.
The BRS came out after some of these articles were written, so substitute the 2.0% multiplier where applicable.
Please feel free to reach out after you have read these articles if you have more specific questions. These serve as a great general overview, but there may be specific questions you have that weren’t covered.
Best wishes with your decision!
Jeff Mitchell says
I retired from the Army National Guard in 2013 with 30 years of service. I am eligible for retirement at age 57 1/2. What is the time frame to submit my retirement paperwork for full retirement?
John Faircloth says
If you call your State NG Retirement office they will tell you to cal them 9 months prior to your pay eligibility date. They set up a phone call for me.
Drew says
I’m the odd ball here in that I want to stay in the Army Reserve for as long as possible and retire at the max age. We in the enlisted Army Reserve have no “Retention Control Points” (which means you could technically continue serving as a PVT E-1 for 40 years or until mandatory retirement age!) My question is what is the mandatory retirement age for enlisted? I have always believed it was age 60, however a couple months ago there was an article saying that the regular army enlisted mandatory retirement age was increased from 55 to age 62. I haven’t found any other article about this and wonder if this is true and if it applies to the reserves? I am a 51 year old SSG E-6 in great physical shape with 1 year early retirement eligibility (age 59) with the goal of remaining in the reserves to age 62 and then retiring at E-7 with “back pay” to age 59.
Ryan Guina says
Hello Drew, Great question. Unfortunately, I don’t have the answer. I recommend contacting your personnel or human resources office for more specific information. They should be able to assist you. Additionally, there may be certain restrictions or qualifications. And of course, things may change between now and then. So I would get the answer now, but understand it may change in the future.
I wish you the best, and thank you for your service!
Anthony says
Gray area retirees (retired, but not eligible for retirement pay) are provided a Red (DD Form 2) ID card. Normally at age 60 they transition to the Blue ID card (“for retired members eligible for retirement pay”). However, if the Reserve retiree is eligible for retirement pay before age 60 due to a deployments after 2008, are they also eligible for a Blue ID card?
Tony says
Ryan, I need your help to understand.
I did 4 active duty. And 4 1/2 year Reserves before going back Active duty. I was approved for retirement Dec 2019- now my retirement was rejected stating none of my reserve time counts except the 9 months I was mobilize.
1996-2000 active duty
2001-2005 reserves mobilized 04-05 for 9 months.
2005-present active duty
I just want to double check.
Thank you!!
Ryan Guina says
Hello Tony, I believe this is correct. From what I understand, only your active duty time on Title 10 orders counts toward an active duty retirement. I believe your Reserve points will be added to your retirement point total after you qualify for an active duty retirement. So you don’t lose the points – you just can’t use your inactive training points toward an active duty retirement. Your personnel or HR office should be able to explain this in more detail.
In the meantime, if you have earned 20 Good Years of service, you will be eligible for a Reserve Retirement and should be eligible to receive your 20-Year Letter. This gives you more flexibility as you work toward the active duty retirement.
I hope this is helpful and I wish you the best in your retirement!
Harold says
Hello, just an FYI for those applying for early retirement. I retired from the Air National Guard and eligible for 1 year, to start receiving pay only at 59. First off you have to apply on your own and have documentation. I applied 2 months prior to what should be my new retirement date. Here is a copy of the email I received from ARPC. Do not plan on receiving your retirement pay on the date you are eligible. Read the last 2 sentences. I’m between the 120 to 180 days and have not received anything other than this email.
This email is to inform you that your retirement documents (DD Form 2656 and ARPC Form 83) submitted to ARPC have been received and delivered to a retirement technician for review.
During this time, your forms will be reviewed for accuracy. If no errors are found, your record will undergo an audit which can take up to 90 days to process. Please note, it cannot be completed prior to 30 days of your effective retirement date. This can be different for members who did not turn in their documents before their 60th birthday, or eligible date to collect retirement pay. You will be notified once this audit is complete by receiving a retirement order in the mail.
Should there be an errors or incomplete fields within the pay forms, a technician will contact you via phone and/or email (provided on the pay forms).
No further action is required by you at this time. A technician will contact you only if needed. Once your application has been processed, it will be sent to DFAS for processing for pay. Most importantly, your retirement pay typically starts 120-180 days after your eligibility date to collect your retirement and the first of the month thereafter. Retroactive pay will be applied if applicable.
Drew says
This is awesome Harold…Thanks!
David Tyner says
I did state active duty on the border mission in California from June of 2006 until July of2008 and a deployment to Afghanistan from 2009-2010. Does state orders count towards early retirement? I retired in 2012 with 26 good years inservice and am currently 57. How much longer do I have to wait until my retirement kicks in?
Ryan Guina says
Hello David, you will need to contact your parent service human resources or personnel office to verify the type of orders you have and whether or not it qualifies for early retirement.
Shelby says
Hi Ryan,
I have spoke with an ANG member at headquarters to try to get my head wrapped around the ANG retirement system. The points, early retirement, etc, are very confusing and misunderstood by their own members it seems! Here is my situation. My enlistment is up next year and I will be at my 15 year mark active duty AF. We are considering me going guard at this time due to my children’s needs as we are mil-to-mil and family has been suffering. From the explanation received, I will be at 5,475 pts for ANG retirement and need a remaining 1,725 to retire early. He stated traditional guard gets around 60 pts a year but that can increase with active duty time. If I did 5 years traditional and family life is recovered, husband is retired, etc, and I go active duty guard for 4, I should draw the necessary 1,725 pts correct and then be able to retire (so basically a cumulative of 9 years versus the 5 I have remaining now). He stated weekend duty is worth 2 pts a day, and the 2 weeks a year is worth 1 pt a day.
Here are my questions if I am on the right track thus far – does a 2-4 year special duty count towards active time points? Instructor, In-Service Recruiter, etc (they are listed as Statutory Tours).
Can I start drawing retirement as soon as I reach the required 7,200 points regardless of my age?
How does ANG retirement pay compare to AD retirement pay?
Cali Garcia says
Hello Shelby,
All ANG Stat tours count exactly like active duty for retirement points, day for day, as well as all of the benefits (BAH, BAS, etc…). I’ve retired with 33 total years, and 6 of those were on a Title 10 Stat tour at the ANG Readiness Center…those counted for 6 more AD years or 365X6 worth of points. Hope this helps!
John A Purkey says
Yes, but can can she start drawing her retirement as soon as she gets 7200 points?
Ryan Guina says
Hello John, A military retiree can only draw immediate retirement when they retire from active duty or they retire from the Reserve Component at age 60 or later. Simply having 7200 points does not qualify one for an active duty retirement. Retiring from active duty requires 20 years of active duty service, not 20 years’ worth of points.
ronald cox says
Do Navy Definite Recall Orders qualify? I was recalled for 30 months.
Ryan Guina says
Hello Ronald, Thank you for contacting me. I’m not familiar with this type of order or Navy processes and I don’t want to give you partial or erroneous information.
I recommend contacting BUPERS or the Navy Reserve personnel office. They should be able to give you an individualized response based on your orders and service history. They should also be able to give you the regs that back up the decision they provide.
I wish you the best, and thank you for your service!
Michael Lacher says
I was on ADSW orders from Nov 2008 – Sep 2009 under the authority of Title 10 USC 12301 (D). I looked on my DD214, it doesn’t have say Title 10 USC 12301 (D) anywhere. Will my orders be enough to get me the 9 months of early retirement, or do I need to find a way to get my DD214 updated?
Thanks
Ryan Guina says
Great question, Michael.
The orders should help you substantiate your claim. But I don’t know what DFAS uses to determine early retirement eligibility – I’m not sure if it is the DD Form 214 or the orders. It wouldn’t hurt to try to get your DD Form 214 updated to reflect your service type. That may eliminate future issues. And it never hurts to have a written record of your service type.
Sorry I don’t have the “official” answer for you. I wish you the best, and thank you for your service!
Keith Eichorst says
I’m in the same situation as Michael Lacher. I was on 10 USC 12301 (D) Duty Orders from APR-SEP 2008 and the orders only stated “10 USC” and not the whole “10 USC 12301(D)”
I tried to amend the orders with the correct authorization at the time, and later, and was repeatedly told by Unit Staff that it was a software glitch and could not include the entire legal authority on the order.
Now as I apply for Early Retirement I’m in conflict with HRC. My Early Retirement date is not as early as I thought it would be since they did not approve this period of service, even though the Orders clearly state “ADOS-RC”…the DD214 also did not include that legal authority either since it wasn’t on the original order. I have appealed awaiting a response. Please advise.
Ryan Guina says
Hello Keith,
I don’t have any specific remedies to this situation. The best I can recommend is to work with your branch of service’s main personnel or human resources branch to get your paperwork amended. If they cannot help you, then ask if there is an appeals process.
Best wishes!
JJui says
I searched the 2015 NDAA for retirement and I found this:
SEC. 625. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS OF
CERTAIN ACTIVE DUTY OR ACTIVE SERVICE TO
REDUCE ELIGIBILITY AGE FOR RETIREMENT FOR
NON-REGULAR SERVICE.
Section 12731(f)(2)(A) of title 10, United States Code, is amended–
(1) by inserting “, subject to subparagraph (C),” after
“shall be reduced”; and
(2) by striking “so performs in any fiscal year after such
date, subject to subparagraph (C)” and inserting “serves on
such active duty or performs such active service in any fiscal
year after January 28, 2008, or in any two consecutive fiscal
years after September 30, 2014”.
Does that mean that 90 day blocks must be within two consecutive fiscal years or has that rule been changed by a more recent law?
Doug says
My understanding is that MPA orders funded through Active Duty as part of a TFI association also qualifies you to roll back your retirement. For instance. I have taken 1095 days of title 10 MPA orders in the last 4 years. And can roll back my retirement approximately 3 years.
Cynthia Waller says
I retired Jan 2017, 20 years Guard and 12 years Active Guard which started 2005, Title 32 consecutively. I did 2 tours, Afghanistan and Kuwait, 8 (including deactivating processes)months each time. I’m 55 and applied for early retirement pay but nothing thus far. Is there something I’m missing?
Cynthia
Ryan Guina says
Hello Cynthia, Thank you for contacting me. My understanding is that only mobilizations and activations count toward early retirement.
Active duty service in an AGR status, for training, for two week annual training, and similar capacities does not count toward early retirement.
I recommend contacting your branch of service’s main personnel or human resources office to verify your status and eligibility toward early retirement.
I wish you the best, and thank you for your service!
John McDee says
Im 54, when I was 50, after twenty three years of active and National Guard Service, I was Involuntary Retired from the National Guard bt State Board for unrelated service illness, but at the time I was living at the IDT site and working as a temporary technician. Could I recieve any state or federal disability or apply for early retirement.
Ryan Guina says
Hello John, Thank you for contacting me. You will need to work with your state agencies to determine if you are eligible for unemployment benefits or state disability benefits. You can contact the Social Security Administration to determine if you are eligible for social security disability benefits. As for early retirement from the Guard, you can only receive this if you qualify based on the criteria explained in the article. There is no other early retirement provision at this time.
I hope this is helpful. I wish you the best, and thank you for your service!
Stanley Pimble says
Hey, My unit in the Air Force reserves was not mobilized, but I did active duty in support of everything after 9/11, after Jan 2008. So from Feb 08-Sep 08, and Nov 09-Sep 10, am I eligible for early retirement?
Ryan Guina says
Hello Stanley, Thank you for contacting me. It sounds like it, based on your service dates. However, you will need to submit your paperwork showing your activation to the AFPC office to make sure they count this toward early retirement. They should be able to verify this for you. Once you do that, they should be able to provide a retirement date for you.
Dennis M Morrell says
The National Defense Authorization Act (NDAA) of 2008 Authorized the Reserve Retired Pay Eligibility Age to be reduced below age 60,
Well this Act is Hogwash, who does it Really Benifit?? How about us that served during 2003-2007 during the real OIF and retired. I enlisted in 1981, I’m 54 years old and served 27 years, deployed 2 times in support of OIF. Why didn’t they retro this back to include those who served during the beginning of the OIF when it counts, not after, just another way the government let us done.
Guess I’ll be waiting 6 more years unless they screw us out of that retirement age as well.
Thanks for your service as they say….
Patrick says
Ryan- Our Guard unit served in Kuwait in 2015 under orders stating Title 10 USC 12302 in support of Operation Inherent Resolve, yet our S-1 shop is saying we don’t earn early retirement qualifying periods because “Kuwait doesn’t count for that…” Do you know if service in Kuwait does not, in fact, qualify for early retirement credit? Appreciate your efforts in support of our military!
Ryan Guina says
Hello Patrick, Thank you for contacting me. To be honest, I have no idea. I would have thought that would count, but it’s possible there is a certain code that needs to be on your orders. I don’t have specific insight into those details. The information I published on this article came from public news sources and directly from Title 10 of the US Code. However, I don’t have access to specific military policies the branches use. I recommend contacting your branch of service’s primary human resources or personnel office (Army HR, AFPC, etc.).
Tom says
Ryan, I am an Army Reservist coming off of my last active duty tour. Based on my active duty time since 2008, I am eligible to collect a reserve pension (minus health benefits) in approximately nine months (age 53). However, I also have 22 months of federal civil service time in a term position that did not give me “status” as a federal employee. My plan is to get a federal civilian job, buy my active duty time and eventually retire as a federal civilian after serving at least five years as a federal civilian. In order buy all of my active duty time, do I have to land a federal civilian job in the next 9 months (before I start collecting my reserve pension at age 53) or can I be collecting my reserve pension and still buy my all of my active duty time toward a federal civilian pension?
Katie says
Is there anywhere that I can get clarification that military schools count towards the early retirement age? I was in 3 year 5 month Army school from 2013-2016 and my DD 214 says 502(f) Title 32. Please provide any guidance. Thanks:)
Ryan Guina says
Hello Katie, Thank you for contacting me. Things can get tricky depending on the type of activation. I recommend speaking with your Human Resources or personnel office for further guidance. They will be able to review your orders and should be able to provide the Army or federal regulation to back up their response. I wish you the best, and thank you for your service!
MED says
Ryan – help? I’m divorced and my ex is still in the National Guard approaching 30 years active/guard service. Under the divorce decree I will collect part of his retirement pay as of the date he becomes eligible to receive benefits as if retired – even if he is still serving at that age (i.e. when he turns 60 I collect a portion of his retirement pay even if he has not retired yet). As we do not speak, nor do I have access to any of his records showing his active duty for these years (though I know he has served on active duty several times), how do I find out if I qualify to receive payments based on an early retirement date?
Ryan Guina says
Hello MED, Thank you for contacting me. I’m not in the legal profession, so the best I can say is to speak to someone who is. If this were me, I would hire a lawyer to draw up some form of legal document requesting he provide you access to this information. Then serve the legal documents properly to ensure everything is done according to the divorce decree and to the letter of the law.
Sorry I don’t have a better answer, but military records are not set up to give people access without legal authorization. I wish you the best.
Jlu says
Ray, Im 49 and just received a 100% combined disability rating from the VA. I am turning 29 years of service in the Army National Guard. I am not sure if they will medically retire me when I let hem know im 100% disabled. If they do medically retire me can I apply for my military pension early ?
Ryan Guina says
Hello Jlu, Thank you for contacting me. I do not have an answer for you because each situation is unique. There are many factors involved, including how and when your injury occurred, whether you were activated at the time, and more. I recommend consulting someone who is experienced with Medical Review Boards. I wish you the best of health, and with getting your military status resolved.
jay gallagher says
Good Day Sir, I enlisted in the national guard in 1990 and I also severed 8 years on active duty. Okay, my ratings from the Army and the VA are 100% do combat in Iraq. I was put back on active duty for medical discharge from the Army for a period time. So on 10 oct 2014 i was finely medical discharged. So, i started collecting my retirement pay after 24 years of service, on june 1st 2016 i get a letter from DFAS stating that ” That i am no longer going to receive my retirement pay and they are also stating that I own them x amount of money. When I had gone through the whole process of retiring I was told by Jag officers and among other that i was entitled to my retirement pay. Try to figure that one out if you can
Ryan Guina says
Hello Jay, Thank you for contacting me. Medical retirements and discharges are always unique, and almost always complicated. I don’t have enough information to work with here, and your situation is undoubtedly unique. You need someone who can look through the specific information that relates to your case.
The best thing you can do is speak with a JAG lawyer or other specialist who can help you understand the laws, rules and regulations that pertain to your specific situation. I would contact your closest military installation for further guidance. you could also consider hiring a civilian lawyer who specializes in military law, but that would incur out of pocket expenses. So a military JAG would be the way to go to start with.
I wish you the best in getting this straightened out, and more importantly, I wish you the best of health. Thank you for your service.
Todd Sensmeier says
Please help, I’m a Disabled Combat Veteran who served our country mostly as a national gaurdsman. I did serve 2 1/2 yrs. active duty. I have an 80% rating from the Army as well as being Medically Retired and placed on the PDRL, plus 100% rating from the VA as well as being rated as being Unemployable by the VA. Until this month I have been receiving VA disability compensation payments and Military disability compensation payments concurrently since 1 March 13. Now all of a sudden the rude people at dfas.mil claim that I no longer qualify to receive both benefits so they have completely cancelled any and all future payments. Please help. I don’t know what to do. Can they legally and legitimately Cancel and Take my benefits from me even though my injuries were all sustained in a combat zone? We’re talking about $1900.00 a month.
Tony says
Is there currently any bills out there to change the credit for early reserve retirement pay for time served to 2001 , where it should be instead of 2008. Very unfair for the veterans who served prior to 2008!
Rob Feller says
Thank you for your research on all of these questions. Here is mine. I believe I understand the crux of my National Guard retirement. 21 “good” years, 25 for pay, deployment in 2003, retired in 2003. I have just hit 59 and am within 1 year of drawing compensation. What steps should I be taking now to make sure of a smooth beginning in 4/17 when I reach age 60 ? At age 60 I will have 2 dependemts at home (wife and 19 y/o). I do not have the grey area ID card nor my family. Any guidance ? Thanks agains so much for your work on these questions . I still am in amazement whey the early retirement benefits do not apply to pre-2008 deployments !
Ryan Guina says
Hello Rob, Thank you for contacting me. I’m not an expert here, but I believe you need to begin applying for your retirement benefits 6 months out. Then you will automatically begin receiving your retirement pay 30 days after you reach age 60. MOAA has a reference here with additional information.
But I would contact your closest Guard or Reserve base and ask to speak with someone in their personnel department, or make an appointment to go over the process. You don’t’ want to miss anything important! I wish you the best, and thank you for your service!
Gregg Woodall says
Ryan, so what happens if 30+ years of service is completed, how much is that compared to active duty? 66% of base pay?
Jack says
Its based on points earned..not really a certain percentage..from what i understand percentage is for active duty retirees.
Carl S. says
Ryan,
So if you fail to apply for that early retirement does that mean you lose it?
Ryan Guina says
Hello Carl, From my understanding, you won’t lose your early retirement pay. Provided you apply for retirement pay within 6 years of eligibility, you should receive full back pay. But there is no real benefit to waiting. It’s best to apply as soon as you are eligible. More from MOAA.
Nelly L. Quinonez says
Ryan,
I retired from the Puerto Rico Army National Guard on 2011 before that I was a weekend soldier and I went on ADSW Title 10 USC 12301 (d) below are the dates of tour. For some reason my state is saying that I don’t qualify for the early reduce retirement pay. I am a little confuse with this all because it has the authority but they say it don’t have the campaign. here with ADSW orders dates I did.
1 Oct 2007-30 Sep 2008 – Korea
1 Oct 2008- 30 Sep 2009 – Hawaii
1 Oct 2009 – 30 Sep 2010 – MacDill AFB, Florida
1 Oct 2010- 25 Feb 2011 – MacDill AFB, Florida
All in support as an Administrator for Units where they have their soldier mobilized. Please clarified. Thank you.
Ryan Guina says
Hello Nelly, I was under the impression the service only had to be active duty, not that it had to be under a certain campaign.The best I can say is to contact DFAS and ask them if your service qualifies for early retirement. They should be able to give you a final determination. Try to get a letter from them so you can take it to your state. Best of luck, and thank you for your service!
Clint says
A friend of mine is currently going through his retirement processing. He got credit for ADSW or ADOS in modern terminology, Title 10 USC 12301 (d) so MSG Quinonez would count as well.
Rob S. says
Ryan,
Really great information! I had thought I only qualified for about 1 year early, however, based on the information you have provided, I actually qualify for 3.25 years early. That’s pretty awesome and not an insubstantial amount of money. I’ve still got 15 years or so to wait, but that is great news.
My thanks for not only researching and writing the article, but also for continuing to answer the comments for two years beyond. Great work!
-Rob
MSG (P), USAR
Heath Sullivan says
Ryan, I’m trying to locate definitive guidance regarding the 90-day periods crossing FYs. I have searched the 2015 NDAA and not located it. Can you point me in the right direction? Do you know if it has been published in a DODI or where in the NDAA it references this particular item?
Appreciate the help!
Dave RD says
Sir, where do we submit or to whom do we submit the DD214’s to so as to have our retirement age adjusted?
Retired USAR in 2012 – dates of service under Title 10 Orders:
Earlier Mobilizations in 2003 – 2005 out of eligibility
11/13/2006 to 01/31/2008
12/08/2008 to 12/07/2009
03/07/2010 to 01/25/2012
Ryan Guina says
Dave, Thank you for contacting me. I hate to be the bearer of bad news, but it looks like only two of your deployments would qualify, as they only count 90 day increments in a fiscal year, after January 28, 2008. So your 2008 deployment would have needed to last until late April or into May before it would qualify.
As for submitting your dates, you would need to contact your parent branch of service’s personnel unit (HRC, BUPERS, AFPC, etc). You can download some forms to fill out and submit the required information.
Best of luck, and thanks for your service!
Mike says
Confusing!! I’ll just wait to see how much time I get awarded! However I was wondering if the pay will stay the same as if I didn’t use the “Early Drop”? Thanks
Ryan Guina says
This is a great question, Mike. Your retirement will not be reduced, however, it might be larger if you wait. Why would that be? Because Guard and Reserve retirement pay is based on the pay scale when you begin drawing retirement benefits.
So if you begin drawing retirement pay at age 55 (the earliest possible age under the early retirement laws, depending of course, on how early one can retire), your pay scale would be somewhat lower than if you were to begin drawing retirement at age 60, simply due to the annual cost of living increases. And depending on your rank and when you begin drawing retirement benefits, there could be other pay increases based on years of service, since the years of service clock doesn’t stop while you are retired and still waiting to begin drawing your retirement pay.
So to answer your question – the rules are the same – your retirement pay will be based on the pay scale in place at the time you begin drawing retirement pay. There are no other adjustments to increase or decrease the amount of pay you will receive.
And you should certainly begin drawing your retirement as soon as you are eligible to do so, since the annual COLA increases wouldn’t be enough to make up the difference of not drawing retirement pay for a few months or years. So put in your papers as soon as you are eligible, and enjoy your pension. You earned it!
Alecs says
So, Ryan, whatever happened to the legislation to change retirement age of reservists to age 55? I too served from 2001-2003 and was told I would qulify to withdraw early about 58.5. I retired in 2007.
Ryan Guina says
Hi Alecs, Unfortunately, normal Guard/Reserve retirement age is still 60. It was not changed to 55.
HENRY RICE says
So all of us that served from 2003-2004 will get nothing! So us who went first get nothing.
John Patti says
We need to contact our congressmen and congresswomen to take on the cause of making this bill retroactive to 9/11.
I’ve drawn up a letter and plan on sending it to every representative in the state on NJ. I am also sharing this letter with all my brothers and sisters who served our great country. Storm the halls of congress until we get the DAA of 2008 made retroactive to 9/11. We all deserve this.
Some Guy says
Why stop at 9/11? Why not make it retroactive to the Cold War of the 80’s too.
Dennis Royal says
Hello John I have started the ball rolling again by also drawing up a letter an sending to all congressmen and the 2 Senators in North Carolina concerning this matter, stay in the fight don’t give up. we can still make a positive change for the veterans who went before January 28, 2008
kip says
Here is a portion of the original report from 2008, The Department of Defense has issued new guidelines for early receipt of retired pay for members of the reserve components. Instead of having to wait until age 60 to receive Reserve retired pay, eligible members may receive retired pay prior to age 60 but not before age 50.
Under interim changes to Department of Defense Instruction 1215.07, Service Credit for Reserve Retirement, issued under a law passed by Congress effective Jan. 28, 2008, reserve component members are able to reduce the age at which they are eligible to receive retirement pay by three months for each cumulative period of 90 days served on active duty in any fiscal year.
Under the new law, members eligible to receive retired pay earlier than age 60 must still wait until age 60 to receive health-care benefits.
Involuntary mobilization and voluntary active duty in support of a contingency qualify, but there is no requirement to be involuntarily mobilized, to support a contingency or to serve on active duty outside the continental United States to receive credit under the law. Most active-duty time qualifies, including training, operational support duties and school tours. It does not matter whether active-duty time is paid for under military or reserve personnel appropriation accounts, provided such active duty is performed under the authority of 10 U.S. Code § 12301 (d).
Also included is full-time National Guard duty served under a call to active service by a governor and authorized by the president or the secretary of defense under 32 U.S.C. § 502(f) for purposes of responding to either a national emergency declared by the president or a national emergency supported by federal funds.
It clearly states that 502 (f) title 32 orders count towards the early retirement. myself and hundreds of other S.C national guard solders did a 502 (f) tour from 2009 – until 2012 the whole time we were on this tour we were told by our state that it counted. There are a lot of people that are already drawing there money early because of this. Now we are being told that it doesn’t count and the ones already drawing it may have to pay the money back. I don’t understand how when it clearly states it counts and we were told it counted for all this time now they are changing there minds.
David Brown,Jr. says
Dear Ryan,retire from Army reserve 2004 with 22years,serve in Iraq 2003-2004,is there any early retirement time off for being in a war zone,toward retirement before age 60. Thankyou David
Burt says
None the times apply unless it is January 2008 and later.
Jay says
I was just going to point out the same thing regarding the number of 90 day periods possible per year. This article is clearly inconsistent with the articles posted when the law was enacted. Unless something changed, and if it did, then that should be highlighted too. Clarification is needed here.
Jason says
Hi Ryan,
The part about only being able to reduce retirement age by 90 days per year is incorrect. For each cumulative 90 day period, you get 90 days reduction in retirement age. There is no restriction on the number of 90 day periods per year. If you serve one year on a qualifying order, you do indeed get 360 days of early retirement. If the rule was as you state, you would have to serve 40 years to get the maximum early retirement age of 50.
“Eligibility reduced below age 60 by 3 months for EACH cumulative
total of 90 eligible days of active duty service per fiscal year”
Rob says
Ryan, I’ve read the article in its entirety but I’m still confused on one part, so I hope you can excuse my question. I’m 30 years old currently serving as Active Duty Army and have so since I first enlisted (about ten years now). If I chose to ETS from Active Duty but also simultaneously transfer into the Reserves or National Guard, my times spent on AD will not count towards the retirement? Meaning, I will still have to wait until age 60 like everyone else to receive my full benefits (pay and all)?
Ryan Guina says
Rob, Your active duty time would count toward points for your retirement pay, but it would not affect your retirement date. So yes, under current law you would have to wait until age 60 to receive your retirement pay and most other benefits, such as TRICARE. The early retirement as discussed in this article only applies to activations for Guard members and Reservists. It does not apply to those who were already serving on active duty during that time.
I wouldn’t let this discourage you, however. The Guard and Reserves are both a great way to make your time in the military count toward a retirement. There are many other benefits too, both while you serve in the Reserve Component, and after you retire from it. It’s a great way to continue serving and earning benefits, while also being able to live a more traditional civilian life. I encourage you to look into it.
Gomlek says
Ryan, the 2004 National Defense Authorization Act allows Guard and Reserve retirees, regardless of age, BX and Commissary privileges. Other “Gray Area” benefits include…
Access to military installations
Class VI access (beverages)
Limited space available travel
Post/Base recreation facilities
Temporary Lodging (space available)
Post/Base Theater
Ryan Guina says
Thanks, Gomlek. I will reflect this in the article. To my knowledge, Guard and Reserve retirees must wait until age 60 to begin receiving TRICARE benefits, though they can continue paying for TRICARE Retired Reserve if they are willing to pay out of pocket.
Pete says
I thought that Bush signed into law a bill similar to what you are talking about. As I recall the bill stated that on a 1 for 1 basis every month of active duty time for a Guardsman or Reservist retroactive to 9/11 subtracted 1 month from 60 at which we could start to draw our retirement. What happened to this? I was looking forward to pulling my retirement pay at about age 56 1/2 based on nearly 3 1/2 years of orders leading up to my retirement in Jan 2008.
Ryan Guina says
Pete, I’ve been looking into this, but I can’t find a good answer for you. The only information I have found is in regard to the benefit listed in this article. My recommendation is to visit the personnel office of the closest base and ask them to help you determine your retirement date based on your service records. They should be able to help you determine the exact date you will receive your retirement pay and other benefits. Best of luck, and thanks for your service.
WILBERT J. TUCKER says
Thank you for looking into things for a lot of people. I just think it’s sad that before 2008 no one seems to care about all the men and women who put their life on the line. I feel as if all you did was Army NG and no wartime, it should be 60. But once you have been to war, all that time should mean something.
John Patti says
Share this far and wide. Modify it with your information
Re: Defense Authorization Act of 2008
Dear Congressman ,
My name is John Doe. I am a retired veteran of the New Jersey Air National Guard (NJANG), with 26 years of service. Within those 26 years, I was on Active Duty for the Air Force for 8 years and then spent 18 years serving in the Air National Guard. Soon after, 9/11/2001, my unit was activated. In December 2001, I was deployed out of McGuire Air Force Base – 108th Air Refueling Wing, in response to the Global War on Terrorism. I remained deployed for Operation Enduring Freedom until June 2002. My unit was again activated in January 2003 in response to the Iraq War. I was deployed for Operation Iraqi Freedom from March 2003 until June 2003. My unit was deactivated in September 2003. I am writing to you today in regards to the Defense Authorization Act of 2008 – Section 647; ‘COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.’ Unfortunately, this Act was applicable for those who served ‘after the date of the enactment of the National Defense Authorization Act for Fiscal Year A2008’, which is referenced in (2) (A) of Section 647.
‘‘(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. ‘‘
On behalf of the many service men and women who honorably served their country during Operation Enduring Freedom and Operation Iraqi Freedom, I respectfully request that you take the Defense Authorization Act of 2008 to Congress, requesting that Section 647 be retroactive to September 11, 2001. This would allow those who served in the reserves during that time to be entitled to the benefits of this Act.
In closing, I can personally state that I have had to endure financial hardships following this 2 year period of service. A retroactive stance to Section 647 of the Defense Authorization Act of 2008 would provide well needed financial stability or assistance to me as well as to my fellow service men and women.
Thank you for taking the time to read my request and I am hopeful and confident that you will consider taking this issue to Congress. I welcome an opportunity to speak further with you in person, should you need additional information regarding this request.
Respectfully,
John Doe, MSGT
United States Air Force – Retired
(Attached: Section 647 of the Defense Authorization Act of 2008)
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS. (a) REDUCED ELIGIBILITY AGE.—Section 12731 of title 10, United States Code, is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: ‘‘(1) has attained the eligibility age applicable under subsection (f) to that person;’’; and (2) by adding at the end the following new subsection: ‘‘(f)(1) Subject to paragraph (2), the
eligibility age for purposes of subsection (a)(1) is 60 years of age. ‘‘(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. ‘‘(B)(i) Service on active duty described in this
subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title. ‘‘(ii) Active service described in this subparagraph is also service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.
‘‘(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).’’.
(b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR HEALTH CARE.—
Section 1074(b) of such title is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (2) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.’’. (c) ADMINISTRATION OF RELATED PROVISIONS OF LAW OR POL- ICY.—With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.
Dewayne Burge says
I also heard This, that for every two years over 20yrs you could subtract those two years,I spent a total 31yrs in the military just wondering if I could use this for early retirement pay.
Ryan Guina says
Hello Dewayne, I have not seen this in any official documentation or heard any rumors of the sort. I recommend requesting a source if you hear another similar rumor. That way you can quickly determine whether or not it is true, or just scuttlebutt. Best wishes.
Dennis Royal says
Hey Pete I fully understand your argument it is time we do something about it. It is not right and this one thing I do know the pen is mightier than the sword.
Vanessa says
There is a typo in the first part…misspelled count…
Ryan Guina says
How embarrassing! Thanks so much for pointing that out. It has been corrected!
Burt Cooper says
Question: As of what month & year does the recall/mobiliation expanded eligibility start? That is, is there a month/year that any recall prior to that date is not eligible for the new early retirement date calculation?
Ryan Guina says
Hello Burt, The second paragraph states: “This only applies to members of the Guard or Reserves who participated in a qualifying active-duty mobilization after Jan. 28, 2008, which is the date the Act was signed into law. Service on or before this date does not count toward early retirement.” I hope this is the info you are looking for.
Larry says
It’s a shame the retirement age is 60. It should be 50.