Expert: Cynthia Bedell - 1/31/2008

Question
QUESTION: I am currently an active duty WO2 with 17 years of active duty service.

I was passed over for promotion during my first look last year and I suspect I will be passed over again this year.  I received a "Referred" OER back in 2004.  I do not have any other blemishes on my service record with the exception of this Referred OER. I have received nothing but exceptional OERs since this incident.  No Article 15's, Letters of Reprimand, or any other derogatory information is on my record.  I have been told by several senior WO's that I cannot be involuntary separate due to "sanctuary" (after 16 years of good service) if I am not picked up.

I am considering leaving the active component and joining a local reserve unit.

Q:  If I submit a "release from active duty" (REFRAD) for non-selection twice can I join the reserves at my present WO2 rank?

Q:  How will my failed selection affect my eligibilty for promotion in this reserve unit?  

Thank you  


ANSWER: Dear Willie --

You should be able to leave active for reserve service with your present rank -- IF they have an open billet in the unit at that rank.  That can be a big if.  Do not leave active service until you know for certain your reserve unit has an open billet at that rank and they will select you to fill that billet.

Your two time pass-over will not reflect on your eligibility for promotion in the reserves.  Eligibility will be based on your time in service, time in grade and performance of duty.  

However, I would wait for the results of the next board.  Many officers with multiple pass-overs are being promoted due to the high need and high OPTEMPO.  You may make your next rank while remaining active.  That would allow you to retire in 3 years rather than wait until age 62.  

Best of luck to you.

---------- FOLLOW-UP ----------

QUESTION: Thank you for the quick response.  

You are right with the concern about the open billet.  I am currently in coordination with a local reserve unit that has a billet at and above my grade level.

I do plan on waiting for the results of this second board, which should be released in April.  Although not optimistic, I do plan on having a positive course of action to proceed.  My current branch is in need of reserve Warrant Officers to fill positions for the active component.  

Q:  Is it true that if I join the reserves and do 3 years of active duty time that I will be eligible and able to immediately obtain my 20 year retirement?

I ask this question because I work with a few reserve warrants who claim to be able to obtain their retirements immediately with 20 active duty years.  They are former active component.  I have worked with them for the past 2 years and both presented this opportunity to me.  Advising me, I could enter the reserves, be instantly activated and possibly be promoted within the 3 years while an activated reservist.  They were unaware how my non-selection would affect reserve promotions.

Thanks you.

Answer
Dear Willie --

I believe that you can retire, if you reach 20 active service years while on activated status.  The latest defense bill is reported to have changed some reserve retirement criteria, but that should make it easier to retire as an activated reservist rather than more difficult.

Your retirement would not be approved until you complete the service obligation you agree to when you transfer to the reserves.  Make sure read all the fine print in your reserve contract.

Best of luck to you.