Comments on: What law is it that allows you to retire after 17 years in the military?

By: md

md — Tue, 06 Jan 2009 00:59:23 +0000

Title 10 USC, 12686a. Commonly referred to as “18 year lock in”, “Sanctuary” is the term that is being used for Reserve Component (RC) Soldiers who are mobilized, and have achieve 18 or more years of Active Federal Service (AFS). They are retained by law until they become eligible for retirement pay. Same for Active Duty - basically you can almost be sure to stay until retirement (unless you committ a crime)

Sanctuary Soldiers have the option to apply into the Regular Army. On the DA 4187 the Soldier will state will or will not enlist into the Regular Army. If the Soldier circles “will” enlist into the regular army, their packet will be sent to the RC/AC team for processing. In addition to this request additional documents will be needed for the RC/AC packet. The checklist can be located at https://www.hrc.army.mil/site/active/TAGD/reservecompo/ead_page.htm
The sanctuary program is not considered regular army.

When should I apply for Sanctuary?
If you know that your mobilization orders will take you over 18 years of AFS, you should submit your packet for sanctuary about 120 days prior to your demobilization date. Once you submit your packet you are eligible for assignments based on the needs of the Army.

By: cordeliabrainiac

cordeliabrainiac — Mon, 22 Dec 2008 13:59:56 +0000

What you are referring to is called sanctuary in the AF. Its 16 years for officers and 18 for enlisted personnel (which doesn’t make sense but there you are). It doesn’t mean you can’t get kicked out but its more strenuous…you pretty much have to commit a felony. Sanctuary does not stop you from being demoted, relieved of duty, etc.

I’ll see if I can’t find you a reference.

By: pondfish

pondfish — Fri, 19 Dec 2008 09:04:08 +0000

Generally speaking, enlisted people need to serve 20 years to retire but there are circumstances whereby some can retire with a tad less servive using the 2.5 percent clause. that is 2.5 percent per year of basic pay. this is a rare way to retire and limited to very few.

By: usafbrat64

usafbrat64 — Thu, 18 Dec 2008 11:59:27 +0000

You can also be discharged from the military based on HYT (high year of tenure).
For example:
You are in the AF, an E-4 with 11 years. If you do not have a line number for E-5, you will be out of a job as soon as you hit 12 years.

Each service has their own HYT system, so the numbers will vary. But, you don’t retire. You are just out. Most do have a HYT step at 20 years, so no one gets caught w/o retirement.

Also, you can be discharged for refusing an assignment. You’re at 19 years. You get a 3 year tour to Germany. You turn it down, you’re out of a job. You’re 9 months of 20 and you get orders for a remote to Korea. You turn it down, you’re out. No retirement! And I’ve seen people do it!! Sorry, I don’t know the reg on that.

The only time I’ve seen enlisted retirements prior to 20 is either medical or because of downsizing.

By: Justin F

Justin F — Wed, 17 Dec 2008 07:39:41 +0000

I don’t believe there is a Law but there is a president of others basically not getting “forced” out. But weary of this because I know of people (my previous flight chief) who were forcefully retired before they chose too.

If you want an early retirement screw it, you’ve been in 17 three is nothing. They probably won’t even send over seas with that much time. I would just use your time in teaching the young guys the way to not get screwed over. I never had anyone teach me the ways of the military and get shafted so much I got out after 8. I am making twice as much now as a contractor but would have loved to have stayed if I had supervisors who were worth a crap.

Good luck, and remember think everything through… It’s not worth throwing your career away.

By: Shock and Awe

Shock and Awe — Mon, 15 Dec 2008 00:02:57 +0000

There is no series of laws for active folks unless you get out on a medical retirement.

Here are some ‘laws’ and policies from the DoD. Read through and see what fits your situation:

You need to check your sources and find out where you got the original info. Can’t cut corners and get out early! They used to give money and let you out at 15, but that was in the late 90s. Go talk to transistion or you VA or your personnel. They will probably laugh at you, but it can’t hurt.

By: De Deuce

De Deuce — Thu, 11 Dec 2008 20:49:05 +0000

In the officers ranks, if you are ‘passed over” for promotion 3 time you might as well get out. Your life will be nothing but continuous Officer KP from then on.

There is NOTHING unique about the years of service at 17. And the military is NOT in the business to “save money” by kicking people out at 19 years 364 days of service. If you receive a substandard review or a letter of reprimand your career is also over so may as well get out too.

By: Yak Rider

Yak Rider — Tue, 09 Dec 2008 15:38:33 +0000

On some occasions the military will offer early retirement as a tool to downsize.

Career military personnel who are kicked out for PRT failure, prior to 20 years, get severance pay at 50% the normal rate. I believe they also keep their insurance for a limited period of time. They do not retire.