Legal Law

Army reserve reserve, early departure loophole

Many Troop Program Unit (TPU) soldiers are unfamiliar with the Reserve Reserve. Soldiers with dependency difficulties, labor conflict or other problem that prohibits effective participation in the TPU, can request a transfer to the Individual Ready Reserve (IRR).

Reservation reservation is also available. Where the IRR offers a mistrust solution to long-term drilling incompatibilities; Standby Reserve offers a mistrust solution for short-term drilling incompatibilities.

For example, if a soldier has a dependency difficulty that is permanent or prolonged, they have the option of transferring to the IRR for dependency or difficulty. However, if this dependency difficulty is short-term, the soldier can be transferred to Reserve Reserve until the problem is resolved.

Reserve reserve soldiers maintain their military affiliation. It is one of the three main components of the Army Reserve. The other two are the Prepared Reserve (TPU / IMA / IRR) and the Withdrawn Reserve. The reserve reserve has two categories. They are the active state list and the inactive state list.

Chapter 8, AR 140-10, Army Reserve Assignments, Annexes, and Details, covers the Reserve Reserve.

Active status list:

Soldiers on this list can earn retirement points. They can only drill for points and are eligible for the promotion. The highest promotion that can be achieved in this component is Colonel (O-6). Soldiers on this list include key employees, temporary hardships, temporary medical students, theology, foreign residents, missionaries, HIV positive, and secretarial determination.

Key employees:

The soldiers in this group are crucial to your employment and organization. The Soldier’s absence negatively impacts the employer’s operations. Generally, the time lapse between the loss of the Soldier by mobilization and obtaining a replacement for the Soldier’s position is long enough to damage the long-term mission of the employer. The soldier generally possesses skills unique to the employer’s operation; finding a replacement is not easy.

Details on what constitutes a “key employee” are listed in Appendix A to Part 44 of Part 44, 32 CFR Guidance. Also included in this Code of Federal Regulations is a letter format that the employer could use to request that a certain Soldier, who holds a key employee position, be removed from the Prepared Pool.

Temporary difficulty:

Soldiers with short-term difficulties that can be resolved in one or two years. These soldiers wish to return to the Prepared Reserve when temporary difficulties are resolved.

Temporary Medical Disqualification:

These are soldiers who have a medical condition, or profile, that prohibits full participation in the Prepared Reserve. This medical condition is temporary in nature; the Soldier hopes to recover in a short period of time. The time period varies from one to two years. Soldiers can move to reserve reserve until this medical problem is resolved. Once the medical disqualification is resolved and the soldier is medically qualified to participate in the TPU, they have the option to return to Ready Reserve.

Theology students:

Soldiers participating in ministerial studies with an accredited school that provides theological or theological training. These soldiers can remain on the active roster for the duration of their studies.

This option is not available to soldiers involved with the military versions of this training.

Residence abroad or missionary obligation:

Soldiers in the troop program unit with a legitimate non-military requirement to participate in a residency abroad or missionary mission may transfer to the reserve reserve. The maximum time allowed for this category is 30 months. This has to be a temporary residence or a temporary missionary obligation.

HIV positive:

If a soldier tests positive for HIV, this soldier can be transferred to the reserve reserve.

Secretarial determination:

The Secretary of the Army may decide that transferring a Soldier to this component is in the best interest of the Army. Soldiers can stay on this list for up to 2 years.

After these 2 years, the Soldier must transfer to the IRR, request the transfer to the Retiree Reserve if eligible, or request discharge. If a soldier has yet to complete his military service obligation, this soldier will be transferred to the IRR.

Standby Reservation Inactive Status List:

Unlike soldiers on the active status list, soldiers on the inactive status list cannot earn retirement points. Consequently, they cannot train to earn points or pay, and are not eligible for the promotion.

Two categories of soldiers are transferred to the inactive status list: key employees and general officers.

Soldiers can be removed from the Ready Reserve and placed in the Reserve Reserve. If these soldiers do not request to be assigned to the active status list, they are assigned to the inactive status list.

General officers who do not hold positions associated with their rank may request transfer to the Inactive Status List.

Projection of the waiting list:

Soldiers on the active and inactive status lists are subject to regular checks. Assessments involve a review of the soldier’s qualifications to remain in this component. Soldiers can be removed or given the option to stay if they are qualified.

Soldiers who meet the removal requirements listed in AR 140-10, section I of chapter 7, will be removed.

If a Soldier still needs to complete his military service obligation, and if he qualifies to transfer to the IRR, that Soldier will be transferred to the IRR.

A soldier who no longer has a military obligation has one of three options:

* The Soldier can choose to transfer to the TIR.

* If eligible, the Soldier may choose to transfer to the Retiree Pool.

* The Soldier can also choose to be discharged from the Army Reserve.

If a soldier qualifies to reenlist and is in the reenlistment window, he can reenlist to remain in reserve reserve or reenlist with simultaneous reassignment to TPU, IMA, or IRR.

Advice:

See the references below for guidance on qualifications to initiate a transfer to the Hold Reserve.

References:

32 CFR Appendix A to Part 44, Guidance, Key Employee

AR 140-10, Army Reserve Assignments, Attachments, Details, and Transfers.

AR 140-111, US Army Reserve Reengagement Program.

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