Question about 1,095 day rule

All,

I have a question with respect to the 1,095 rule (non-AGR) and want to obtain clarification.

If I serve on Title 10 orders for 3 years out of a total 4 year period...I'm assuming that I have to come off of those orders for a year before I can volunteer for another tour. Is this correct? The reason why I ask is that I overheard someone else mentioning that a six month break in between orders was all that was required.

Does the 1095 day rule also mean that I cannot attend monthly drill during that period of time either except for the two week AT period?

Thanks!

Your message isn't specific enough.

Ask your Readiness NCO for a RPAM statement. Cut and paste the timeline (cut out the personally identifying information), and post that for review. Then I can give you better guidance.

Is there a wavier for the 1095 rule? I'm currently a member of the TN Army National Guard and I will be honest I had no idea about this rule and now I will be in a really bad financial situation and I had no idea this was coming and my current orders will end as of 01OCT12. Please help me if you can. Thank you.

Some states allow exceptions to 1095 depending on the assignment. For example, in my state all AF and Army who are on title 32 orders for JCNTF(joint counter narcotics task force) are exempt from 1095 rule. There are a few people who have spent over 10 years continuous in title 32 with this program.

I could be wrong, but I'm pretty sure this just applies to Title 10 ADOS.

It would not affect attending drills or AT during the break from orders.

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Originally Posted by HR NCO

I could be wrong, but I'm pretty sure this just applies to Title 10 ADOS.

It would not affect attending drills or AT during the break from orders.

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+1 He is correct.

This topic is completely new to me, and you know I don't say that often. What's the regulatory guidance? I'm on Title 10 right now but will be transitioning to Title 32 after 1 October.

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Originally Posted by Mongoose772

This topic is completely new to me, and you know I don't say that often. What's the regulatory guidance? I'm on Title 10 right now but will be transitioning to Title 32 after 1 October.

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On second thought...since they did away with ADSW type orders, even the guard orders are considered ADOS as well. You may have an issue...I would dig deeper. Essentially the rule is no more then 1095 days in a 1460 day period.


http://www.armyg1.army.mil/militaryp...095%20memo.pdf

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Originally Posted by Falcons91

All,

I have a question with respect to the 1,095 rule (non-AGR) and want to obtain clarification.

If I serve on Title 10 orders for 3 years out of a total 4 year period...I'm assuming that I have to come off of those orders for a year before I can volunteer for another tour. Is this correct? The reason why I ask is that I overheard someone else mentioning that a six month break in between orders was all that was required.

Does the 1095 day rule also mean that I cannot attend monthly drill during that period of time either except for the two week AT period?

Thanks!

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I'd update the above link and add a fairly critical statement from the latest Guidance: PPOM 12-043 (HRH) Guidance for Army National Guard Members Performing ADOS-RC Duty under the Authority of USC Title 10 Section 12301 (d): 12(e)(2): "There is nothing in law or policy that requires a member to be REFRAD solely because he or she will go beyond 1095 cumulative days out of 1460 consecutive day of ADOS. Nor is there any prohibition against hiring such Soldiers. The 1095 rule is an accounting requirement only. The intent of the 1095 rule is to identify enduring requirements which should be codified on the manning document."

Here is the deal with 1095. It only really affects those on ADOS-AC (CO-ADOS, OP-ADOS, & ADMIN-ADOS). The 1095 is a law that is truly just an accounting requirement. However, it is used as an obstacle by HQDA & HRC to prevent RC personnel from serving more than 3 tours on ADOS-AC. 1095 is reset if the service member is mobilized under a Title 10 USC 12302 mobilization (i.e. – if someone serves 3 years on ADOS-AC in nice cushy CONUS location, the Army would prefer them to be mobilized for one year under 12302 to a combat zone…this would rest the 1095 clock). There is no Army policy on this; it’s just an Army business rule. This helps the Army prevent RC personnel from reaching sanctuary and receiving an active federal service retirement.

Is this "Business Rule" printed or written anywhere?

I'm going through a divorce. The plaintiffs attorney is trying to have my spousal support and child support based on my wages earned while I was on ADOS. I have since been given the 1095 boot, and my wages are not anywhere near what they were on ADOS. I need to be able to show the court that I didn't choose to be off of orders but that these orders are temporary. It would help me tremendously if I could obtain a copy of such Army "Business Rules."

The law governing 1095 is 10 USC Section 115 (see link);
http://www.law.cornell.edu/uscode/text/10/115

The law states any RC/NG member having greater than 1095 active days in a 1460 period will be counted towards active duty end strength totals with accounting done at the end of the fiscal year. The law doesn't specifically state RC/NG mbrs have to be removed from active duty, however if they stay on orders past 1095, they should count against active duty end strength and require a reduction 1 for 1 of an active duty member. Effective result is 1095 forces RC/NG mbrs to be removed from active duty prior to reaching 1095 so as to not impact active duty manning levels.

Note: earlier in thread is was stated that deployments do not count against 1095. This not true. What is true is contingency orders are automatically waived for 1095, but still count against it. For example; in a 4 year period, if the first 3 years are on 12301(d) orders and then the member volunteers for a contingency for year...this will be approved automatically. If however the 4 year period started with a 1 year contingency, followed by 12301(d) (or similar) orders in years 2 and 3, this would force the member to come off AD for 1 year. (of course the mbr could volunteer for contingency orders again in year 4 but afterwards would still be 1095 victim).

Hope this helps. Good luck with divorce!!

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Originally Posted by BIG

Is this "Business Rule" printed or written anywhere?

I'm going through a divorce. The plaintiffs attorney is trying to have my spousal support and child support based on my wages earned while I was on ADOS. I have since been given the 1095 boot, and my wages are not anywhere near what they were on ADOS. I need to be able to show the court that I didn't choose to be off of orders but that these orders are temporary. It would help me tremendously if I could obtain a copy of such Army "Business Rules."

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You also need to look in the personnel policy guidance. Google this exactly "ppt army" and it will take you right to it.

In case someone on active duty asks if this is applicable on the AD side; this refers to AD.

http://www.military.com/benefits/mil...-overview.html

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The USFSPA also permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases. In order to qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years. A former spouse who meets these requirements is known as a 20/20/20 former spouse and is entitled to full commissary, exchange and health care benefits. These benefits include TRICARE and inpatient and out-patient care at a military treatment facility. Former spouses who do not meet these requirements lose their commissary and exchange privileges once the divorce is final.
In cases where the servicemember served 20 years of creditable service, the marriage lasted 20 years, but the period of the marriage overlapped the period of service by only 15 years the former spouse is entitled to full military medical benefits only for a transitional period of one year following the divorce. After this year of coverage, the spouse may purchase a DOD-negotiated conversion health policy. Full coverage also requires that the former spouse does not remarry nor enroll in an employer-sponsored health insurance plan. Former spouses who are neither 20/20/20 nor 20/20/15 former spouses are not entitled to any military health benefits after a divorce. But they are eligible for the DOD Continued Health Care Benefit Program, a premium based temporary health care coverage program for 36 months of coverage until alternative coverage can be obtained, if they enroll within 60 days of losing full military health care benefits.

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In case someone on active duty asks if this is applicable on the AD side; this refers to AD.

http://www.military.com/benefits/mil...-overview.html

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The USFSPA also permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases. In order to qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years. A former spouse who meets these requirements is known as a 20/20/20 former spouse and is entitled to full commissary, exchange and health care benefits. These benefits include TRICARE and inpatient and out-patient care at a military treatment facility. Former spouses who do not meet these requirements lose their commissary and exchange privileges once the divorce is final.
In cases where the servicemember served 20 years of creditable service, the marriage lasted 20 years, but the period of the marriage overlapped the period of service by only 15 years the former spouse is entitled to full military medical benefits only for a transitional period of one year following the divorce. After this year of coverage, the spouse may purchase a DOD-negotiated conversion health policy. Full coverage also requires that the former spouse does not remarry nor enroll in an employer-sponsored health insurance plan. Former spouses who are neither 20/20/20 nor 20/20/15 former spouses are not entitled to any military health benefits after a divorce. But they are eligible for the DOD Continued Health Care Benefit Program, a premium based temporary health care coverage program for 36 months of coverage until alternative coverage can be obtained, if they enroll within 60 days of losing full military health care benefits.

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