By MOAA Staff

National Guard and Reserve soldiers mobilized under certain orders will receive credit toward early retirement connected to that service after a change in the Army’s interpretation of applicable law.

The change, outlined in a recent National Guard Association of the United States (NGAUS) article, relates to mobilization under 12304b authority, which took shape in the FY 2012 National Defense Authorization Act (NDAA) and allows reserve-component members to “augment active forces for a preplanned mission in support of a combatant command” at a service secretary’s discretion.

That law does not expressly state that service under 12304b authority should count toward the Guard and Reserve early retirement program, which allows servicemembers to receive retirement pay before age 60 – for every 90 consecutive days mobilized since January 2008, they can receive their pension three months earlier.

Congress explicitly added service under 12304b authority to the early retirement eligibility in the FY 2020 NDAA, but per NGAUS, Army officials did not consider service performed before that bill took effect (Dec. 19, 2019) as eligible until a 2025 ruling by the service’s Office of the Judge Advocate General, backed by a June DoD memo.

The move to standardize this benefit across mobilization authorities is in line with MOAA’s long-standing advocacy on behalf of Guard and Reserve members, seeking to ensure all in uniform receive the same pay and benefits as others performing the same duties in the same location.

Guard and Reserve Retirement Primer

Unsure whether this change applies to you, or how to determine your retirement eligibility? MOAA Premium and Life members have access to our Guard and Reserve Retirement Guide, which includes:

• An expansive checklist on the process, including suggested start dates for each step.
• Links to official online resources from the services.
• Instructions for calculating retired reserve pay.
• A breakdown of Reserve Component Survivor Benefit Plan (RCSBP) options.
• Details on other MOAA resources, to include insurance products and career-assistance programs.

Learn more about other member-exclusive publications at MOAA.org/pubs.