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  • Resigning an officer commission

    I live in a remote part of my state and the commute to a unit with an available slot has gotten cumbersome as I have moved up in rank, and will only get worse from here. There is two small detachments, firefighters and engineers, that I could serve in as an NCO, but not as a Major or LTC (they are like 15 soldiers each). I'm not a full time guardsman and have no desire to be and with my business and family have more need for time than career progression.

    What I would like to do is resign my commission and serve locally as an NCO, however, I am within two years of retirement (20 years that is) and have run the numbers. I might even finish my last two as an officer and then serve locally from there, if I can.

    I see that when officers retire they seem to get the highest rank they satisfactorily served in but enlisted are presumed to be the last rank they held. Since I would have resigned I would fall under the enlisted rules, I think. I have run the numbers through the online calculators and the difference between an o4/o5 retirement and an E5/E6 retirement is a heck of a lot. What I want to do is resign, serve my remaining years as an NCO as long as I can locally, and then retire, but at the highest rank I've ever held. The state OPM won't give me an answer. I suspect they don't know but they say it's not their job to advise me on somehting like that.

    Does anyone here know? If so can you point me to any key regulations or laws that clearly say if I resign my commission I still can be advanced back to the highest rank I held back when I was an officer?

  • #2
    Re: Resigning an officer commission

    I think I've found something that may help you sir.

    Very important note: A little known provision of the law, changed in 1980, states that if you are a commissioned officer or an enlisted with prior commissioned service, you must have at least 10 years of commissioned service to retire at your commissioned rank. If you have less than 10 years of commissioned service, and voluntarily retire, you retire at your enlisted rank, and only the highest 36 months of active duty enlisted base pay counts for retirement computation.
    http://usmilitary.about.com/library/news/aa032701a.htm

    Note I believe this is in response to an AD retirement topic. Which is concerning because of this clause stating that ARNG members fall under the Reserve retirement regulations.
    http://www.law.cornell.edu/uscode/text/10/12732
    Last edited by AWeisenberger; July 28th, 2012, 11:48 PM.

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    • #3
      Re: Resigning an officer commission

      Shoot matthew.ritchie and/or ParalegalNCO a PM.

      Comment


      • #4
        Re: Resigning an officer commission

        LTC Ritchie is by far the expert in this territory.

        Comment


        • #5
          Re: Resigning an officer commission

          Originally posted by jwarren View Post
          Shoot matthew.ritchie and/or ParalegalNCO a PM.
          Please don't PM me. I only answer a PM if it's a confidential matter. I prefer to address issues in the forum, so all may benefit from the exchange.

          Comment


          • #6
            Re: Resigning an officer commission

            If you have ten years or more as a commissioned officer (i.e., good years for retirement), then your grade at retirement is your highest commissioned officer grade held honorably that you would have held if you had retired as an officer. Thus, if you hold your highest grade for below the minimum time to retire at that grade, then you will retire at the next lower officer grade.

            Reference.

            Comment


            • #7
              Re: Resigning an officer commission

              Originally posted by Fazer View Post
              I live in a remote part of my state and the commute to a unit with an available slot has gotten cumbersome as I have moved up in rank, and will only get worse from here. There is two small detachments, firefighters and engineers, that I could serve in as an NCO, but not as a Major or LTC (they are like 15 soldiers each). I'm not a full time guardsman and have no desire to be and with my business and family have more need for time than career progression.

              What I would like to do is resign my commission and serve locally as an NCO, however, I am within two years of retirement (20 years that is) and have run the numbers. I might even finish my last two as an officer and then serve locally from there, if I can.

              I see that when officers retire they seem to get the highest rank they satisfactorily served in but enlisted are presumed to be the last rank they held. Since I would have resigned I would fall under the enlisted rules, I think. I have run the numbers through the online calculators and the difference between an o4/o5 retirement and an E5/E6 retirement is a heck of a lot. What I want to do is resign, serve my remaining years as an NCO as long as I can locally, and then retire, but at the highest rank I've ever held. The state OPM won't give me an answer. I suspect they don't know but they say it's not their job to advise me on somehting like that.

              Does anyone here know? If so can you point me to any key regulations or laws that clearly say if I resign my commission I still can be advanced back to the highest rank I held back when I was an officer?
              Why not look at the IRR or IMA? IMA you can do all of your UTA's and AT at once. Or IRR where you can still earn points and do AT?

              Comment


              • #8
                Re: Resigning an officer commission

                Originally posted by RedLeg View Post
                Why not look at the IRR or IMA? IMA you can do all of your UTA's and AT at once. Or IRR where you can still earn points and do AT?
                Are there any "conditions" that go along with IMA? I've heard of that being more popular in the USAR than the ARNG. I've also overheard some officers talking about how the promotion timeline is slower for IMA. I'm not sure if this is true, but if you know more about it please share.

                Also, it's not actually common to do Annual Training while you are in the IRR right?

                Comment


                • #9
                  Re: Resigning an officer commission

                  Originally posted by RedLeg View Post
                  Why not look at the IRR or IMA? IMA you can do all of your UTA's and AT at once. Or IRR where you can still earn points and do AT?
                  Thank you. Both are potential options though I would probably run out my last two years first. If I can retire at my highest rank though it should not matter. I would be able to serve right here in town or within an hour or so of here and with people I know for as long as I need.

                  It looks like from LTC Ritchie's post that as long as I have been an officer for 10 or more years (I have) if I become an nco I will still be advanced on the retired list to the highest rank held, officer or enlisted. Now I need to get my g1 to actually buy into this to cover my bases.

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