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Resigning my commission and later retiring

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  • Resigning my commission and later retiring

    I attended West Point as a prior enlisted soldier for 1.5 years. I went back afterwards to enlisted status and received retirement credit for the whole time I was at West Point. Years later I attended OCS. I was counseled at the time this would not affect my retirement, but now, at 19 years of service, big Army is saying the answer at OCS, precommissioning, was wrong and by becoming a LT I again lost retirement credit for that 1.5 years. They have retroactively gone back and reclassified those years so now I have 17.5 years instead.

    A personel officer I know suggested waiting a year or more and resigning my commission to get the time back and retiring, because he thought I would be promoted on the retired list to the highest rank satisfactorily held, but he wasn't sure there weren't complicating factors. He thought officers who resign and become enlisted become either E5 or the highest enlisted rank previously held (the same either way for me). I'm not adverse to being an NCO regardless, so long as I could still collect officer pay someday in retirement.

  • #2
    Re: Resigning my commission and later retiring

    You need 10 years of service as an officer to retire as an officer.

    I found your story a bit confusing. What is your current rank and duty status? What is the goal you seek to achieve?

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    • #3
      Re: Resigning my commission and later retiring

      Originally posted by matthew.ritchie View Post
      You need 10 years of service as an officer to retire as an officer.

      I found your story a bit confusing. What is your current rank and duty status? What is the goal you seek to achieve?
      Thank you for looking at this. When I returned to enlisted status after the academy I received retirement credit for my time there. When I went to OCS I was counseled that accepting a later commission would not affect that. I became an officer.

      Fast forward 14 years, as a Major(P) with 20 years of service, and now my G1 has re-evaluated the opinion of the, well, whomever advised the OCS chain of command back then, and decided that later accepting a comission from another source does negate the retirement credit for my time at the academy. I have been advised, though not from a reliable source, that resigning my comission and returning to an enlisted status would solve the problem and allow me to have the credit towards retirement.

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      • #4
        Re: Resigning my commission and later retiring

        Given the rare and complex nature of your circumstances, I doubt that anyone here will have the background to address your issue definitively.

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        • #5
          Re: Resigning my commission and later retiring

          Why would you not simply complete just 2.5 more years?

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          • #6
            Re: Resigning my commission and later retiring

            Originally posted by fmcityslicker View Post
            Why would you not simply complete just 2.5 more years?
            I had the same question in mind.

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            • #7
              Re: Resigning my commission and later retiring

              Originally posted by Polo08816 View Post
              I had the same question in mind.
              Good question. I haven't laid out too many details as LTC Ritchie recognized the complexity of this situation. Even if I serve the remaining years my retirement will be based on 1.5 fewer years and correspondingly fewer points, if I don't have credit for that time. That time translates to about 600 retirement points lost when they take credit away which will lower my monthly retirement by about $400 a month.

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              • #8
                Re: Resigning my commission and later retiring

                Originally posted by cooneymike View Post
                Good question. I haven't laid out too many details as LTC Ritchie recognized the complexity of this situation. Even if I serve the remaining years my retirement will be based on 1.5 fewer years and correspondingly fewer points, if I don't have credit for that time. That time translates to about 600 retirement points lost when they take credit away which will lower my monthly retirement by about $400 a month.
                You are getting hosed...refer your G1 to DOD Financial Management Regulation (DODFMR) Vol 7A, Chapter 1, Para 010104.I OTHER CREDITABLE SERVICE which states "Service as a cadet or midshipman provided the member has concurrent Enlisted Selected Reserve status covering the period on or after August 1, 1979."

                I have a similar problem but mine was that I was enlisted, finished my 4 year hitch, when to Texas A&M with pink reserve card in hand and signed up for ROTC during the completion of my initial 6 year obligation. Unfortunately, it was prior to 1979 and I was caught by paragraph 010201.F in which service prior to August 1, 1979 in ROTC is not creditable. Had I continued as an enlisted member, it would have counted toward retirement but once I pinned on my butter bars, it went away.

                Good luck,
                Lee 72
                CAPT USN (Ret)

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