I am in the same "boat" as you, although in the Air Force. I have 19+ active years and am worried about making it to 20. By all means, do whatever you can to get to your 20. Your benifits "could" substancially increase. Not sure about the Navy, but the AF has two USC and DOD codes that might apply to you. 18+ active years does put you into sanctuary. Also, there is a "presumption of fitness" rule that might apply. Check into it and read the posts on this site. They are very helpful. I was a basket case when this first happened to me, but I have calmed down thanks to the site and the replys from its members.
Presumption of Fitness
When a soldier is referred for physical disability evaluation after having applied for length of service retirement, or an officer is within twelve months of mandatory retirement, or an enlisted soldier is within 12 months of his or her retention control point with retirement eligibility, the soldier enters the disability system under the presumption that he or she is physically fit. This is known as the Presumption of Fitness Rule. (This rule is not applied to RC cases referred under the non-duty related process described at paragraph 2c(5) above.)
- Philosophy: The soldier is presumed fit because he or she has continued to perform military duty up to the point of retirement for reasons other than physical disability. Disability retired pay is to compensate a soldier whose career is terminated solely for reasons of disability.
- History: The presumption rule originated as DoD policy in 1973 as a result of Congressional dissatisfaction with general ranked officers and medical officers retiring for physical disability when they were eligible for length of service retirement.
Overcoming the presumption
Application of the Presumption of Fitness Rule does not mandate a finding of fit. It is a rebuttal presumption that is overcome if the preponderance of evidence establishes the circumstances described below per DOD Instruction 1332.38.
- Acute, grave illness or injury: Within the presumptive period an acute, grave illness or injury occurs that would prevent the member from performing further duty if he or she were not retiring; or
- Deterioration of a chronic condition: Within the presumptive period a serious deterioration of a previously diagnosed condition, to include a chronic condition, occurs and the deterioration would preclude further duty if the member were not retiring; or
- Inadequate duty performance: The condition for which the member is referred is a chronic condition, and a preponderance of evidence establishes that the member was not performing duties befitting his or her experience in the office, grade, rank, or rating before entering the presumptive period.
Officer sanctuary:
Title 10 U.S.C., Section 12646 allows Reserve officers with 18 but less than 20 years of satisfactory service, and are under the age of 62, to be eligible for reserve sanctuary, if they are approaching their mandatory separation date or have been twice-deferred for promotion to the next higher grade. If an officer has 18 years of satisfactory service, the MSD is adjusted three years to allow the officer to earn 20 years of creditable service; if an officer has 19 years of satisfactory service, the MSD is adjusted two years.
Officers assigned to a Reserve unit, as an IMA or to the Air National Guard may remain in their respective assignments until they reach their adjusted MSD or complete 20 years of satisfactory service, whichever is earlier.
Enlisted sanctuary:
Title 10 U.S.C., Section 1176(b) allows Reserve Airmen who have 18 but less that 20 years of satisfactory service, and are under the age of 60, to be eligible for reserve sanctuary and remain in active status. If an Airman has 18 years of satisfactory service, the ETS is adjusted three years to allow the Airman to earn 20 years of creditable service; if an Airman has 19 years of satisfactory service, the ETS is adjusted two years.
NOTE: Enlisted/Officers who are unable to find or maintain a position in the Selected Reserve, and eligible for sanctuary, are assigned to the Nonaffiliated Reserve Section (NARS/NC). In this status they will be able to earn points for retirement through Air Force Institute for Advanced Distributed Learning. Enlisted/Officers will remain in NARS/NC until the adjusted ETS/MSD or completion of 20 years satisfactory service, whichever is earlier.
Hope this helps. God Bless and good luck.
08Mopar
