Loophole Impacts Reserve Early Retirement

March 11, 2011 | Terry Howell

Call it a glitch or a loophole; either way Pentagon lawyers have interpreted a technicality in the 2008 National Defense Authorization Act in a way that will make it harder for Guard and Reserve members to earn time toward early retirement.

The 2008 law reduces the age that a retired Guard or Reserve member becomes eligible to receive the full benefit of their retirement by taking three-months off for every 90 days served on active duty. For example, a Guard member called up for a total of one year would be able to draw retired pay at age 59 versus the normal age 60; or two years could reduce the age to 58, etc.

The actual text of the law authorizes three months’ retirement-age credit for each 90 days served on active duty “in any fiscal year.” The issue comes down to an interpretation of the phrase “in any fiscal year.” The DoD reads this to mean that each 90 day period must fall entirely within a single fiscal year.

According to Col. Steve Strobridge of the Military Officer’s Association of America, this would mean that a Guard or Reserve member would have to start a 12-month active duty tour on Jan. 1, April 1, July 1, or Oct. 1. Stonebridge writes, “Starting a tour on almost any other date means you only get nine months of credit for a one-year tour — because at least one 90-day period crosses the boundary between fiscal years.”

Strobridge goes on to explain that, “Because this is a below-the-radar accounting glitch the affected people don’t usually see, most won’t even know they’ve been shorted — until their early retirement check doesn’t arrive when they expect it.”

Read this week’s As I See It column on the MOAA website to learn more.

Comments

  1. Curious... says:

    When I asked about this program at a local AFB, I was told that the glitch is in the fact that there was no authorization to initiate payment for those who qualify. I have over 21 yrs of service and over 9 years as a Reserve Commissioned Officer on Active Duty…365 days a year… Please respond. I'm confused. There is a Program for early retirement payment for retired reservists that qualify…it is defined and communicated…and authorized… but there is no provision to pay. Is this true ? and. what timeline are we looking at to correct the oversights ?

    • What a gift…. I qualified at age 60 and did not get credit for early retirement for any
      AD time spent. This is a 'gift', not something earned, so please don't complain if not to your liking.

      • Freedom Fan says:

        No Gift and Not Early – Delayed Receipt is More Aptly Named
        I'm sorry you were shorted my friend, but this is no 'gift'. A gift is something given freely, not earned. And all active duty, regardless of who earned it, deserves equal retirement benefit day for day. The gift, if any, has been the IOU collectable only at age 60. If you agree that a reservist's active duty retirement should be collectable only at age 60, then all active duty retirement benefits should be delayed to age 60, including those who served in the regular Army.

    • Only time spent on Active Duty, as a Reserve Member, since Jan 28, 2008 when the law was signed counts. So, at this point, there is no one who has 9 qualifying years. Also, the age of retirement CANNOT be reduced below age 55 at this time.

      The military is moving away from the standard 20 years and out retirement for active duty. Before long, all (active & reserve) will be paid for points earned, and noone will receive a retirement immediately upon retirement. Even active duty will have to wait until age 57….this is the program they are moving toward to reduce military spending.

      When was the last time you heard about a cut in the Dept of Ed or Dept of Health & Human Services? Never, but the Dept of Defense is asked to cut constantly….doesn’t make any sense, without the DoD, the others wouldn’t be here as we’d be overrun by our enemies!

      • I guess you don't read papers or watch the news. Education has been hit hard for the past 4 years. I went three years with no raise (then only a $900 raise) and an increase in health care cost.

    • Navy_Nurse says:

      Maybe someone ought to also tell retired reservisets not to expect to begin drawing that retirement check the month after their 60th birthday. I turned 60 in February and was told I could expect my first partial month payment on March 1st. Well here it is March 15th and my DFAS account has not even been created yet. When I called Tennessee I was told "Give it till April 1st, If your money does not show up in your account call us back". Can you say Happy April Fools Day? Nothing they do with our pay surprizes me anymore…It's a very broken system!

    • I find it interesting that this law applies to active duty only after 2008. Why not go back to just after 9-11? Any contingency exercise performed from "9-11" to the end of 2007 does not count. How convenitent!! I guess after giving active duty senior officers the means to collect 100% of their base pay at retirement vice maxing out at 75% there was no money left for the "red headed" stepchild. The Pentagon, good ol' boys club, I have respect for any of the senior leadership there. "P" down our legs and tell us its raining outside, Chumps!

  2. DISGUSTED RETIREE says:

    HERE WE GO AGAIN, FIND ANOTHER WAY TO STICK IT TO THE GOOD OLD GUARD AND RESERVE. WE HAVE ALWAYS BEEN THE FIRST ONES TO GET GOUGED WHEN SOME WONDER BOY DREAMS UP A WAY TO TAKE SOMETHING AWAY FROM US. IF WE ARE A LOWER CLASS OF ARMY,
    AIR FORCE, OR WHAT EVER BRANCH WE ARE IN, WHY ARE SO MANY UNITS ARE BEING SENT TO IRAQ, AND RAGHEAD LAND? THE PEOPLE WHO JOINED FULL TIME MILITARY FORCES HAD THE SAME CHOICE THE
    GUARD AND RESERVES PERSONNEL HAD.

    • RogerDodger says:

      STOP WHINING….when the age 60 benefit was first enacted, the average age for a lifespan was hardly much longer….the Penatgon could easily extend the minimum to age 62 just as they are discussing for social security. Of course the reserves are treated as second class but often their behavior is second class and frankly we should abolish the state staffs and excessive HQs and useless generals and have, lige many other countries, a lean, mean, efficient reserve force, which would get the respect it deserves. Does the Wyoming National Guard really need 3 or 4 generals………anyway, be glad for what we have. Age 60 may seem long to wait but average life spans are far longer now. Thanks!

    • First unit to get called up for Lybia is the NJ National Guard – just proves your point! 90 days shold = 90 days no matter what time frame it is in!

    • MSGT SNIDE says:

      Take a tums and don't worry we will still get to spend drill weekend sitting around drinking coffee and soaking up all of the internet. -MSgt. Snide

      • You are a minority! we haven't "sat around" since the Cold War ended. Not only are we hopping all drill weekend we are doing al kinds of training and admin work, and PT and watching our weight, between drills. Since we don't have enough computers, we do much of our army work on weekdays on our personal computers between drill!

  3. Mike curious too says:

    I served 6 years of active duty before going into the reserves. Will those 6 years count toward this as well as the time I was activated as a reservist?

    • No, this clause only applies to Reserve Component personnel who are mobilized or do active duty in COADOS type orders. You also loose out if you are injured or get sick and end up in the WTU system as that time does not count towards this.

    • I don't believe so. The active-duty must be served in support of a contingency operation.

  4. This is not a new issue. The law as written is clear but not fair. In my personal case I was mobilized on 9 Oct 09 and demobilized on 28 Dec 10. I will receive only 9 months credit for early retirement although I was mobilized for almost 15 months.

    To answer the above question…your active duty time does not count toward early reserve retirement.

    • Thyat is not true! If you spend six yeaRS ON ad YOU WILL GET CREDIT FOR THOSE YEARS 365×6 for points. I retirred after a total of 37 years from the Air Guard and had 4 years of AD time and the points counted for retirement,all of them!

      • The Chief says:

        Mike, he said the AD time will not count toward EARLY reserve retirement. Retirement, yes, early retirement pay, no.

  5. Dan Downing says:

    Fiscal year, for the federal government, of couse starts October 1st through September 30. Orders very rarely cross this boundry, but this is a technical glitch, that can be fixed by amendment. Hopefully, the credit will be extended to all active duty by reserves from September 11, 2001, as was originally proposed, and has been introduced ever since. The key date is January 28, 2008, since only active duty since that date now counts for early retirement credit.

  6. How about just give Guardsman and Reservists their retirement when they retire like the actives? We only get about a quarter of our base salary. Of course we in America want to be protected, but we don't want to pay for it….typical.

    • I AGREE WITH YOU 100% ROB. THE MILITARY WANTS THE GUARD AND RESERVE TO BE ALL WE CAN BE AND BE ARMY STRONG, STILL WHEN
      WE RETIRE THE MILITARY WANTS TO GIVE US THE SLIP ON ALL COUNTS. THE PAY AND BENEFITS. MAKES ME WONDER IF THE 28 YEARS I SPENT IN THE GUARD REALLY WAS WORTH ALL THE TIME SPENT. DO YOU EVER FEEL THE GUARD AND RESERVE ARE NOT
      APPRECIATED? GIVE IT SOME THOUGHT ALL NG AND RESERVES.

      • MSGT SNIDE says:

        I feel like maybe we should have contributed more, you know to help the Active Duty out, Instead of treating every weekend like a HUGE party.

  7. In the NDAA for 2011, Public Law 111-383, Section 635, Congress sent a message to DOD to remove the "fiscal year" limitation and credit all time. Here's the language from the law:
    SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE
    REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR
    SERVICE.
    It is the sense of Congress that—
    (1) the amendments made to section 12731 of title 10,
    United States Code, by section 647 of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110–181;
    122 Stat. 160) were intended to reduce the minimum age at
    which members of a reserve component of the Armed Forces
    would begin receiving retired pay according to time spent
    deployed, by three months for every 90-day period spent on
    active duty over the course of a career, rather than limiting
    qualifying time to such periods wholly served within the same
    fiscal year, as interpreted by the Department of Defense; and
    (2) steps should be taken by the Department of Defense
    to implement the congressional intent outlined in paragraph
    (1).

    • Marcia Sweet says:

      Why don't they pass a Law for all Reserve Guard members who served on Active Duty at any time and get this benefit. I served on Active Duty for 6yrs and 10 mos why not let me draw my retirement pay when i turn 54. I served 365 days for 6yrs and 10mos just like the people who served 20yrs and they get their money the next month. Do you think that this is only fair?

  8. So if we served early in OEFIV then we get no credit because the law was not written yet? Wow how the apple peel gets thinner and thinner.

  9. So here is a solution, get our elected officials to fix it the way it was supposed to be in the first place. The orinigal law when it was proposed was for any active duty since Sept 1, 2001. But the cowards that serve in congress at that time did not want that as it would have cut into their pork projects. I am in the National Guard and since 9/11 I have served over 6 years on active duty with 3 overseas tours and 1 tour stateside. Why should I have to wait until age 60 to get my retirement and the active duty folks I served with get there retirement at age 38 – 40 depending when they retire.

  10. This is loophole in the government's favor. Its a half hearted effort to provide Guard and Reserves better benefits. Also, the Grey Area Retire Tricare benefits is an insult as well. Anymore, being in the Guard and Reserve is another is full time 2nd job, but the government is doing a half hearted effort to take care of them!

    • Mike curious too says:

      You're certainly right about that Grey Area Retired Tricare "benefit" I can get commercial health insurance with better benefits for substantially less than what they're charging.

  11. The Active duty military should be ashamed of themselves, the Guard and Reserve have served in every conflict we have ever had. In fact if you look at the oldest unit in the US military its a Army Guard Artillery unit in Mass.
    There were reservists long before the active Army or Navy ever thought of serving. I'm amazed that anyone in the DoD can look anyone in the reserves in the eye with all the inequality that is practiced to and against reserve components. In that is the National Guard,Army and Air Force, and reserve of the Air Force, Army, Navy, Marine,and Coast Guard.

    The pentagon with all it's high paid active duty and civilian personnel that make these decisions shouldn't be allowed to collect any retirement until age 60 just like they do to the reserves. I know nothing will ever be done about this glaring inequity, so I've come to realize that I to will wait until age 60. Shame on the U.S.military for allowing this to be.

    • RETIRED GUARDSMAN says:

      YOU ARE SO RIGHT LIFER. BUT STILL THE GOVERNMENT STILL LOOKS
      AT ALL OF US IN THE GUARD AND RESERVE LIKE WE TRIED TO DODGE OUR OBLIGATION. I JOINED THE NATIONAL GUARD IN "64. I WAS CALLED A DRAFT DODGER AND A FEW OTHER NAMES I WON'T MENTION. THE GUARD AND RESERVES SERVED LIKE YOU MENTIONED, WHY ARE WE STILLED TREATED LIKE THE UNDERDOG?
      WE ONLY GET A SMALL PORTION OF OUR BASE PAY, AND LIMITED BENEFITS . I BELIEVE THIS IS ONE REASON OUR AREA HAS SEEN A
      BIG INCREASE IN PEOPLE NOT REENLISTING, A LOT OF UNITS HAVE BEEN CLOSED BECAUSE OF THIS.

    • That is, we don't get to see our family members nightly, like some. We deploy every other year, with no say in it, not afraid to leave our community or family. That is why we get paid after the 20 years.

  12. CSM_Retired says:

    I served 33 years as an Army Reserve soldier with over 5 years of Active Duty. I have never been told that any of that service qualifies me to have an early retirement. I have been in the Retired Reserve for over 3 years and still have 3 years to wait for my retirement. It makes me sick that I am treated like a second class citizen just because I wasn't Active Duty. Gee Whiz, when they needed us during any type of conflict or war, there we were, but we still can't get a retirement until we are 60. The days of one weekend a month and two weeks during the year are long gone. Now it is 5 or more days a month and many weeks during the year. What a pity!

    • I WAS IN THE SAME SITUATION 6 YEARS AGO. I WAS LAID OFF FROM MY JOB,WOULD HAVE LOST MY HEALTH COVERAGE BUT THE COMPANY
      LET ME PAY THE FULL PREMIUM UNTIL I GOT MY RETIREMENT BENEFITS A FEW MONTHS LATER. YES, WE ARE TREATED LIKE SECOND CLASS CITIZENS, I GUESS THATS PART OF THE PENALTY FOR NOT ENLISTING IN THE FULL TIME MILITARY. I KNOW FROM EXPERIENCE SOME FULL TIME MILITARY PEOPLE RIDICULED ME
      AND TOLD ME I TOOK THE EASY WAY OUT. DURING ALL THE TIME I SPENT IN THE GUARD I NEVER HEARD ABOUT TIMED SERVED QUALIFIED ME FOR EARLY RETIREMENT.

  13. This is clearly another Pentagon and Career Active Duty component witchhunt. Active Duty are so malicious against Reserve and Guard they will do anything to stab them in the backs. If all Reserve and Guard get together to wite their elected officilas it could push the issue better. I have many friends who got epaid early outs back in the 1990's went into the Amry Reserves/Guard. Many fought the fact they would have to pay back the early out money at retirement at 60 and they won it. Many of those same people have been on active duty tours since 2001 and have now obtained sanctuary status and will be getting theri 20 year active duty retirements. Many lwas that are passed are flawed(criminal) and many agends go into writing them. I say a good class action by all Army Resderve and National Guard would be a good idea. Have the class action law suite represented by dependents since it directly effects them. There is enough anti Reserve and National Guard on the rcord to show a pattern of abuse.on Reserve and Guard. ,

  14. just to let everyone know i took the early out in 1992 the SSB program, well guess what when the VA gave me a disability rating they took my disability away to pay back the money they gave me, and what makes it wourse if i havnt paid it all back when i hit 60 i will lose my retirement until the SSB payment is paid in full, what a bunch of crap, i have also been bugging my legislators here in Wi, to drop the age of retirement to 55, that was the first bill started by Congressman Corizzine

    • I'M SORRY TO SAY IT BUT YOU ARE WASTING YOUR TIME AND EFFORT
      ASKING LEGISLATORS TO DO THIS. OUR GOOD LEGISLATORS ARE JUST FILLING A SPACE IN WASHINGTON UNTIL THEY GET GOOD AND FAT OFF THE BENEFIT CUTS THEY GET FROM ALL OF US RETIREES.
      THEY COULD CARE LESS IF WE GET A RETIREMENT CHECK. IF YOU HAVE ANY MEDICAL PROBLEMS THE VA WILL DRAG ITS FEET UNTIL YOU DIE, AND THEN THEY SAY SORRY.

    • Happened to me also. I had to pay back the SSB. Need to make sure that you only pay back the amount you received as you paid taxes and they can't take back the full amount or you would be short whatever the IRS took. Sad but true, so get in touch with the VA and see how much they are taking back. Mine is still messed up and took over a year to get an audit and they still don't have it right. Sucks big time, but hey, we're "just Reservists".. What a bunch of hooey!!! Things like this are why we are losing the war in Afghanistan. Cheers!

  15. I agree that this was a gift. My problem is that it was sold as something being done for Guardsmen and Reservist due to the high tempo. The fact that it does not extend past 28 Jan 08 and the 90 day rules are hidden from civilians who believe politicians were rewarding part time soldiers for full time duty. Another political game to fool the uninformed.

  16. Whats the point in complaining I cant even get my American Flag for retirement because I retired from the Wyoming Air Guard and elected not to have a ceremony.

    • RETIRED GUARD says:

      THIS CEREMONY IS SOMETHING NEW TO ME. I SAW A LOT OF GUYS
      RETIRE FROM MY UNIT DURING MY 20+ YEARS, AND THEY NEVER HAD THE FIRST RETIREMENT CEREMONY. IS THIS SOMETHING YOU HAVE TO REQUEST?

    • Hello Kim You have to contact your Local Guard Unit or Full time Support Guard facility I am definately sure you a re entiltled to Retirement flag If you did all your time " Honaorable " conditions I sure did I served all 26 years . You should also have DOD Identification card and the papers descibing all. rsponsibilities until you turn 60 years of age. Cause I did n't have Retirement Ceremony because I didn't really have any family members or even friends would come and support me. All my family has expired. My friends didn't half care .

    • 30 years of active and reserve Army service, Desert Storm and Afghanistan combat zones, but all I got for that is a letter transferring me to the "Retired Reserve".. Taking care of people – NOT!!! Politicians are a bunch of (fill in the blank) and they all need to go cause they don't give a darn except how they can get more benefits themselves as well as run for the next term.

    • Larry Leeds says:

      I retired from the Air Force Reserves in Feb 2008. I also declined the Ceremony and my Flag was sent to me Registered Mail.

  17. unfortunately that is only one of thousands of "loopholes" to benefit someone other than "you" or "me", I joined the guard in 2000, in 2004 i came up for reenlistment, i elected to reenlist for 4 years and then i would extend to get my 20. i was told, bold faced, if i agreed to reenlist for 6 i would get the reenlistment bonus. i thought that would be great i could use the extra money to pay off some bills, well, guess what, some "loophole" came up the day after i signed for 6 more years and i didnt get the bonus, but i am almost positive that the retention people got something. i love my country and would serve again tomorrow if needed, what is sad is that you have these type of people running units and parts of the govenment that you couldnt trust in your grandchildrens bank accounts or business. too bad, so very sad but a cold hard reality.

  18. Just a Reservist. I was told that and it was snidely remarked about us "Reservists" by the "active duty Soldiers", yet none of them had more time in the military that I had, was in Desert Storm before most of them even went to high school. I already had my combat patch, but didn't see one on their sleeves, and I had more active duty time than they did. The other Lieutenant Colonel were pissed cause I made more than they did in Afghanistan to include their jump pay and other stuff, And I had and still do have boots that have been in the Army longer than they have. Actually, truth be told, I have been in the Army all my life as I was a Brat and was born in Wurzburg Germany. Yeah, just a "Reservist" guess that's why these wars last so long as the active army sucks at rebuilding and other civil activities and were clueless on what to do. Man, what a waste of time, Should have gone air force.

    • I WAS A 20+ YEAR MEMBER OF THE NATIONAL GUARD,I ALSO HAVE BEEN RIDICULED AND CALL A WEEK-END WARRIOR AMONG OTHER THINGS I RATHER NOT MENTION. I ENLISTED WHEN THE VIETNAM WAR HAD JUST STARTED WHEN MY GROUP REACHED BASIC TRAINING YOU WOULD NOT BELIEVE HOW WE WERE TREATED BECAUSE MOST OF WERE ALABAMA AND TENNESSEE NATIONAL GUARD. WHY CAN'T THE MILITARY SEE IT TAKES ALL BRANCHES
      WHETHER YOU ARE FULL TIME OR PART TIME, WE ARE ALL SOLDIERS
      FIGHTING FOR THE SAME CAUSE, TO KEEP AMERICA FREE!!!

    • As a former USARNG member and USAFR Retired Reservist, I tried to convince my son to go Air Force but he insisted on the Army for the bonus he was promised and did not receive. I thougth that after 33 years of service in the reserves, we were starting to reach parity with our active duty counterparts. Reading these posts has convinced me otherwise. The only way that will happen is if both are treated as a single entity with like benefits. Retirement should be based on service time (total active duty days) with some minimun level of vesting you should be able to collect your benefits once you reach that minimun. More days more pay acccording to rank! The formula should be simple so any idiot master sargent like me can figure out what I'm getting!

  19. and if you are injured in Iraq, return in an injured status and have to spend time on medical hold, that time does not count toward early retirement.

  20. What's frustrating for a reserve/guardist is when the active duty guys tell you that you are just a weekend guy and not really army. When really we have to do a regular job and still keep up our MOS just as well or better as active duty guys. And then we come out and save your butts when you don't have enough guys to cover what needs to be done.

    • What is sad is Reserve and Guard are getting killed in Iraq and Afghan on deployment also and we risk our lives just as Active Duty does, if not more!!!!!!!!!!!

  21. i want to know if i eligable for early retirements now i am 57 year old i got my 20 letter retirement or i have wait for 60

  22. Hannah Blurton says:

    I did almost 4 AD years in USN, was a USMC wife (and IRR) for another 4 then joined the "Nasty Guard" where I served as both MDay soldier and AGR for another 10 yrs. From there I went AD Army for four and after 23 years of serve, I am finishing out my "20 good years" in the Army Reserve. I think I've heard it all!!!
    Having been on both sides of the fence, I realize there is good and bad, lazy and hard-working on both the Active Duty side and the Reserve/Guard side! I truely believe that the Guard and Reserve service members have to do more with less (plus abide by MANY more directives, regulations, etc. than their Active Duty counter-parts)

    As I used to tell the Active Army Soldiers and NCOs who sneered at me: You are very lucky to only have one set of regulations to follow! Try following the Army regs, Guard regs AND State regs all at the same time when they RARELY agree with eachother! That's TRUE dedication!!!

    • Hannah,
      After reading all the above posts, I think you have a very valid and balanced viewpoint. I spent 6 years active and another 26 in the reserves.Four HYT waivers. Yes, I heard all the dispariging remarks from the active duty guys, but I took great satisfaction in humbling them and gaining thier respect when i was tasked to train them.I took great pride in hearing that the "Kids" were told to go ask the "Old Guy".
      AWC Ol/Dog Retired

  23. I served for 36 six years in the guard, 7 were active duty being deployed three times to the sand box overseas. I am 55 waiting on my retirement to reach 60 years old to collect, why do I need to wait after I put in my 30 plus years????? Can I get credit for all my active years? I do beleive that I did my duty in fair honor and faith to receive my retirement check.//////////////// who can direct me to the right office to get the right answer !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • MY HUSBAND IS A VIETNAM VET AND SERVED ACTIVE DUTY FOR 6 YEARS. HE SPENT ANOTHER 22 YEARS SERVING FULL-TIME WITH THE ARMY NATIONAL QUARD. HE RETIRED IN 2004. HIS FULL-TIME ACTIVE DUTY DID COUNT TOWARDS HIS RETIREMENT. SO I WOULD CHECK WITH WHOM EVER DOES THERE FINANCIAL PAPERWORK FOR THOSE WHO ARE RETIRING. I WISH I KNEW MORE ABOUT THESE LOOP HOLE THINGS. ESPECIALLY THE ONES WHERE SOME OF THE QUARDSMEN SAY THEY ARE HAVING TO PAY BACK MONEY FOR EARLY RETIREMENT. THIS DOES NOT MAKE ANY SENSE. BUT OUR GOVERNMENT DOESN'T USUALLY MAKE ANY SENSE ANYWAY.

  24. I agree why do we have to wait for our retirement pay. I put in 23 years. I put in my time and deployments over seas. I was in harms way like active duty. The government needs to cut the wages of congress and their retirement to give to us in the military. If it wasn't for us in the military keeping the USA free they wouldn't have that big fat paycheck. Everyone else is cutting back.

  25. Congress finally recognized the sacrifices that being a guard/ reservist has become as the focus shifted from a strategic reserve to an operational reserve. Unfortunately the Legislation as passed only gives credit to Moblization orders for service after Jan 1 2008. VFW has sponsored follow on legislation to have the date go retro to 9/11/01, but that has not gotten traction in Congress. It comes back every year as a proposal, but gets shot down.

    For those of you currently on MOB orders, selling back leave at the end of your tour will definitely harm you in that you will not be receiving points for sold back leave. Take your leave and earn the points. Also, the leave you take may end up qualifying you for another 90 days of early retirement if you are just a few days short.

    To those of you who MOB'd since 9/11 and before Jan 2008, don't expend your energy here. Contact your Representatives to let them know how you feel.

  26. minor correction to above post — it should be MOB time since Jan 28, 2008.
    an MOAA site has some examples that may help:
    http://www.moaa.org/action/lac_issues/lac_issues_

  27. i AM STILL IN THE gUARD WITH OVER 35 YEARS SERVICE. i AM A csm, AND WAS DEPLOYED ON 5 JAN 2005. I HAD A REFRAD DATE OF 10 MAR 2006. AND NON OF THAT COUNTS TOWARD RECIEVING MY RETIRED PAY AT AGE 60. I AM 58.7 YEARS OLD. 1 YEAR 5 MONTHS IN VIET NAM, 1 YEAR 2 MONTHS IRAQ, AND I STILL CAN'T GET A BREAK. I CAN UNDERSTAND THEM NOT COUNTING MY VIET NAM TIME, BUT WHY DIDN'T THEY MAKE THAT BILL RETROACTIVE TO 9/11 ???

  28. Michael Lambert says:

    I spent 11 months in Iraq from Jan 5, 2005 to Nov 27, 2005 will I get to take 9 months off my retirement. I heard that only if a soldier served in Iraq 2008 and after got the early retirement. Is this true? I just sent off paper work to St. Louis for retirement starting my retirement on my 60 birthday. If I get the 9 months, will I have to send in new paperwork or will the date get change at St. Louis?

  29. Sally Marsingill says:

    I say we revert the law made by senators and congressmen (which was wrong…..we didn't even get a say)where they have to go back to serving the people and not putting themselves above the people. They only serve one term and get a lifetime huge paycheck and benefits and perks and on top of all that and vote themselves a raise anytime they feel like it…..do they think we are stupid? Then they don't' work for us they only work for special interest and lobbyist who pad their pocket. Greed runs rampad in the US Government. Think of all the money wasted in our government just by them voting themselves above the people…..the constitution "by the people and for the people." How could they misunderstood and twisted that????? We need to doze that whole hill down and start all over…..just like we did from England……about time for a good ole Boston Tea Party. Government shouldn't be running our households…..its time we took our freedoms and money back!

    • Master Pee says:

      I agree with you my sister there are many of congressman just waiting nfor their annual benefit fpr serving one term. Never put their life on the line but have a lot to say when we get paid. Lets no tpay them unti they are 60 years of age, after their term is over.

  30. What types of active duty are acceptable to receive the “early retirement”. I have volunteered for AD stateside assignments – does this time count? Is it any form of activation – voluntary or not?

    • My understanding of the program is that they need to be Title 10 orders in support of a contingency operation.

  31. Just read an Association of the US Navy email that provided this year's attempt to get activated reservist time since 9/11 to count toward early reserve retirement. For us caught in the limbo area between 9/11 and 01/28/2008, here's your chance to contact your Congressional representation to vote to fix this. Quote from AUSN email follows:

    "The selfless service of 600,000 Guard and Reserve members must be recognized and included in the Public Law – 110–181. Write your Congressman and Senator today – and, ask them to seek ways to pass HR 181 that provides these warriors access to the provision – this session of Congress."

    WRT what types of AD, have not actually seen the bill's language. I recall an unofficial article saying that ADT type funding for training was included, but looking up Public Law – 110–181 is the way to get the definitive answer.

  32. rcmdblgr says:

    Here's a point to consider when faced with the notion that giving these folks what's deserved is "too expensive".

    The number of retired military double dippers in civil service has skyrocketed since about 2002. There are a plethora of O4/5/6 retired officers currently drawing GS-14/15 and SES salaries on top of their retired pay. Since they are covered by tricare, they pay little to nothing for civilian health care. Some of these guys have never seen a day in Iraq or Afghanistan.

    The funds that go to pay these folks could be utilized to do what's right and payback young reserve/guard for their service in country.

  33. Michael Keating says:

    It should be no shocking news to us all, how congress shortchanges us military men and women first, long before they would even dream about cutting into their own wages and benefits. The great majority of our law makers have NEVER stepped into a pair of combat boots or shuddered at the screams of a Drill Sergeant. They are uninformed because they are un-uniformed. I too, spent several years on active duty, many many more in the Reserves and National Guard and only one grueling combat tour in Samarra Iraq, as a light infantry squad leader. We need a loud voice in congress. Someone who knows what it's like to get a uniform dirty

  34. Hey, if your retirement points aren't all screwed up, count your blessings! Has anybody out there ever gotten lost in the System (except maybe when somebody is starting a conflict somewhere)?

  35. Retired Ron says:

    20+ Years in the Uunited States Army. Proud I served sad on the way they treat us. Sure i did 8 years Active , 2 deplyoments, Desert Storm & OF2, while I was a Guard member for 12+ years,and I'm 52 wanting to see how long before we get ours. Most of us Soldiers spend more of our lives on the frontlines protecting OUR Country becuse We stand right for her. We need our Congress to do the same for us Soldiers. Many of them are on office less years than us, and get treated better. They need to stand for the people of this Nation, and protect the ones that kept this Nation Strong.

  36. Lou Howard says:

    How can anyone (Ron) serve 36 years total time and not know what he is entitled to get? Shame on him. I served almost 40 years, , 5 active and the rest Reserve and I knew from day one what my entitlements would be. I got my benefits at age 60, 14 years ago. Relax Stan and enjoy the next five years, years.Retired USAFRes Master Sergeant

    • YES enjoy, but remember there is the air force and the rest of the "peon" military. When I compare my Marine buddies with the air force ones and then listen to the USAF complain about their AC not working and missing "crew rest" I want to puke. Just Cut the air force in total and let the army and navy take care to those civilian missions.

  37. Kenneth says:

    Does early retirement count regardless of the type of order? i.e. COADOS, ADOS, – or does it have to be Involuntary Mobilization?

  38. ReserveSoldier says:

    Oh, BTW, the AD folks I'm on duty with these days are talking about Congress *removing* their immediate retirement benefit. They'll be just like Reservists – waiting until age 60. The word on the street is anybody AD with 15 years or less will get the immediate retirement benefit removed. Also, for Reservists, if you do a lot of duty after age 45-50, then you can probably retire with immediate retirement pay because the pay-date moves toward you as you get older.

    • save BIG money, reduce active military retirement to age 55 just like other federal government. and offer retirement to all who serve for what ever length. just like a 401K

      NO MORE TAX FREE $$ AND PER DIEM FOR LUXURY TOURS!!!! COME ON CONGRESS WAKE UP! GO VISIT BAHRAIN AND TELL ITS A COMBAT ZONE!!!!!!

      AND AIR FARCE, THEY GET COMBAT EXCLUSION FOR FLYING OVER A HOSTILE COUNTRY, PLEASE CRY ME A RIVER. NO TAX EXEMPT STATUS FOR AIR FARCE. OMG

  39. ReserveSoldier says:

    This "before age-60 benefit" is only for duty done after January 28, 2008. Is there anybody out there divorced BEFORE this date, so that the entire benefit was earned AFTER the marriage? Is this "before age-60" benefit excluded from division in your divorce order? See attorney guide in the references at the bottom of http://www.increa.com/articles/division-military-

  40. I've served on both AD and Guard. We all need to stick together and not be so selfish. Our countries first soldiers paid for their own ammo and weapons! How about we just stop crying about retirement and serve our country like heroes…ask not what your country can do for you, ask what you can do for your country!

    • you know if you are going to quote a person(s) you need to include who had said it BDUUUBS

    • What world do you live in? The law screws the reservists more than one way. You can do a 179 day tour but you only get credit for 90 days. Have you ever looked at what congress gives to themselves and how they are able to make millions by getting insider information on stocks legally. If you want to be a martyr, you are alone. I assume you have no family or would they they would benefit from a better law.

  41. I agree Our country comes first, and we are all on the same team. But why cant we get paid when we retire, just like our fulltimers do (AD) something stings on my face like I just got slapped I have served proudly for 22 years two full years In Iraq and had to beg for my cilvilian job back like a homeless dog and served a year in Afghanistan. and I might be getting deployed again which I will go proudly. but can I please get paid when I retire thats all I ask please.

  42. LTC (ret) Nagel says:

    What about those "retired recallees" above age 60 who volunteered and were called up? Shouldn't we get additional retired points credit for serving?

    • LTC(R) Bowers says:

      If you were recalled to active duty for 90 days or more your retirement pay should be recalculated for the additional days performed. You may need to contact your Reserve Retiree branch to bring it to their attention and submit documentation, including copies of orders, for recomputation. DFAS will then have to validate and will correct your pay.

  43. Another feel good program, sounds good but actually does nothing. Maybe they should drop NG/AR across the board to 55, raise AD to start at 50, being it is a little ridiculous they collect at 38-39, bridge the gap cut the budget.

  44. Just don't let any generals near your wives or daughters.

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