Involuntary Separation Benefits
Title 10, United States Code, and Army policy as contained in AR 600-8-24, requires officers who are not selected for promotion twice be separated from active duty no later than the first day of the seventh calendar month after the month in which the Secretary of Defense approves the report of the board which considered the officer the second time.
Regular Army officers may request an earlier separation date by submitting their request in memorandum format through the first LTC (O5) commander in their chain of command, to Commander, PERSCOM, (ATTN: TAPC-PDT-PM), Alexandria, VA 22332-0478. In electing an earlier separation date, officers should plan their transition leave and separation processing accordingly by allowing at least 30 days processing time from when their request is received at PERSCOM, and if approved, when an approval message is issued to the field.
Other than Regular Army (OTRA) officers may request an earlier separation date by submitting their request in memorandum format through the first LTC (O5) commander in their chain of command to the separation approval authority listed in paragraph 2-2, AR 600-8-24.
Requests by officers for early separation prior to their mandatory separation date will not negate the officer's entitlement to receive separation pay if the officer will have six years active federal service upon separation.
Officers involuntarily separated for failure to be selected for promotion will have the reason "Failure of Selection for Permanent Promotion" and appropriate separation program designator code (JGB for RA and LGB for RC officers) IAW AR 635-5-1, entered in blocks 26 and 28, of their DD Form 214 on separation. This action is required by Department of Defense policy to ensure the officer has an official document to verify eligibility for the involuntary separation benefits as defined in Chapter 58, Title 10, United States Code.
Involuntary Separation Benefits
Employment Preference in Nonapproriated Fund (NAF) Instrumentalities:
Officers and their family members are entitled to a one-time preference in hiring for NAF positions UA-8/NF-3 and below, to include all prevailing rate positions (AS, PS, NA, NL and NS), for which the officer or family member is fully qualified in accordance with the priorities listed below:
- Spouse Employment Preference (SEP)
- Involuntarily Separated Officers (ISO)
- Priority Consideration Candidate (PCC)
- Current and Former NAF Employees (CFNE)
- Outside Applicant Veteran (OAV)
- Outside Applicant Non-Veteran (OANV)
Preference applies to any NAF position which requires competitive recruitment. For information on employment preference in NAF instrumentalities contact the civilian personnel office at the nearest military installation.
Transition Health Care:
Officers and their eligible family members will receive medical and dental care in Department of Defense facilities or (Medical Care Only) through the Civilian Health and Medical Program (CHAMPUS) on the same priority as eligible family members of active duty personnel. Health care will be for a period of 120 days after the officer's separation date if the officer served six years or more on active duty, or for 60 days after separation if the officer was on active duty less than six years. Questions on eligibility, preexistent conditions, conversion to Department of Defense (DoD) sanctioned health insurance policy, care or treatment should be addressed to the health benefits advisor at the nearest military medical treatment facility.
Commissary and Exchange Privileges:
Officers and their eligible family members are authorized commissary and post exchange privileges, the same as active duty personnel, for a period of two years after the date of their separation. Questions on the officer's or family member's eligibility for commissary and exchange privileges should be addressed to the local military personnel officer.
Continued Use of Military Family Housing:
Space permitting, installation commanders can allow officers and their family members to remain in military housing for a period of up to 180 days after the officer's separation date. Officers will be charged rent equal to the VHA and BAQ rates for the current locality and their grade. Installation commanders may waive all or a portion of the rent when deemed appropriate due to hardship. Questions on the continued use of military housing after the officer's separation date should be referred to the local family housing officer and the officer's chain of command.
Excess Leave or Permissive TDY:
Excess leave (maximum 30 days) or permissive TDY (maximum 30 days if assigned OCONUS, 20 days if assigned in CONUS) to facilitate transition to private sector employment and accomplish relocation activities can be authorized by the officer's commander. Officers may receive excess leave or permissive TDY, but not both. Questions pertaining to excess leave or permissive TDY should be referred to the officer's commander or local personnel officer.
Affiliating with National Guard or Reserves:
Officers who are twice non-selected for promotion may join the National Guard, provided they obtain a waiver from the National Guard Bureau. The Reserve Appointments Branch will automatically consider these officers for reserve appointments. Questions on affiliation with the National Guard or Reserves should be directed to the Reserve component transition NCO or inservice recruiter at the nearest military installation.
Expanded Travel and Transportation Entitlements and Services:
Eligible members are authorized travel allowances for up to one year after separation to a home of record or selection, however, the member must pay difference (only authorized payment to home of record) within the United States (including Hawaii and Alaska).
Additionally, they are authorized up to one year non-temporary storage of household goods (HHG) at government expense and shipment of HHG after removal from storage at government expense for one year after separation to a home of their selection.
Officers traveling on permissive TDY for the purpose of attending a DoD-approved transition program seminar are authorized space available travel on military aircraft. Officers may be accompanied by their spouse between CONUS and overseas, and within and between overseas areas. Dependent space-available travel within CONUS to attend such a seminar is not authorized. Questions on travel, transportation allowances and services should be addressed to the nearest Army transportation office.
Continuation of Enrollment in DoD-dependent Schools:
Dependents of officers who are enrolled or were authorized to enroll in DoD-sponsored schools overseas, have completed their junior year, on the date the officer is to be separated are likely to complete secondary school within 12 months, are authorized to enroll in the final (senior) year of high school at U.S. government expense. Enrollment will be in the same school in which enrolled on the date the officer is separated or in another school, as determined by the regional director serving the same military community. Questions on continuation of enrollment in DoD schools should be directed to the local DoD school or the local garrison or base support battalion commander.
Enrollment/Reenrollment in the Montgomery G.I. Bill (MGIB):
Officers may be entitled to enroll or reenroll in the MGIB. Questions on eligibility and the benefits of the MGIB should be addressed to the local Army Education Center.
Officers involuntarily separated from active duty because of nonselection for promotion are entitled to separation pay based on the following formula: 10 percent of the amount of the officer's annual basic pay, times the officer's years and a fraction of a year of active service, provided:
- The officer has completed at least six years active federal service immediately prior to their separation from active duty.
- If an RA officer, the officer must request an appointment as a USAR officer and agree to an additional 3 year service obligation in the Ready Reserve. This service obligation is in addition to any other service obligation the officer has. RA officers desiring a USAR appointment to be eligible for separation pay must initial the appropriate remark on their acknowledgment memorandum. Failure of the officer to agree to accept a USAR appointment and additional three-year service obligation renders the officer ineligible for separation pay IAW Section 1174, Title 10, United States Code. Officers requesting a USAR appointment will be notified by PERSCOM (ATTN: TAPC-OPD-R) if their request is approved. Separation pay will be paid based on the officer's request for a USAR appointment, not whether PERSCOM approves the officer's request.
- If an RC officer, the officer must agree to retain his USAR appointment and serve an additional three-year service obligation in the Ready Reserve. This obligation is in addition to any other service obligation the officer may have. RC officers desiring to retain their USAR appointment and agreeing to an additional three-year service obligation to be eligible for separation pay must initial the appropriate remark on their acknowledgment memorandum. Failure of the officer to agree to retain his USAR appointment and additional three-year service obligation renders the officer ineligible for separation pay IAW Section 1174, Title 10, United States Code.
- Officers desiring a computation of their separation pay should contact their servicing finance officer. The following is an example based on the 1997 pay scale:
GRADE ANNUAL TIMES 10% TIMES YEARS SEPARATION PAY BASIC PAY AFS
Recoupment of Government Funds Used For Education Benefits
Recoupment of any government funds expended for the officer's attendance at the U.S. Military Academy or on tuition assistance, ROTC scholarships, degree completion, or advanced civil schooling may be waived for the convenience of the government with one exception. If an officer is offered selective continuation on active duty and declines, he may still be held to his active duty service obligation or be required to reimburse the government for schooling.
In addition to the assistance the officer's commander, personnel officer, or other traditional types of support agencies can provide, the Army leadership has established a program to assist the officer during transition to civilian life. The Army Career and Alumni Program (ACAP) is a comprehensive program designed to provide transition and job assistance services to soldiers, Department of the Army civilians and their family members. Under ACAP, two installation offices have been created -- the Transition Assistance Office (TAO) and the Job Assistance Center (JAC).
The TAO will assist in identifying transition needs and develop a computerized individual transition plan. This office will direct soldiers to installation representatives to assist as well as explain all entitlements on release from active duty.
Realizing that finding a new job will be the greatest concern, the JAC is a contracted facility providing job search skills training. The JAC counsels on the job search process, labor market trends, resume/cover letter preparation, interview techniques and salary negotiation. Also available for use is the Army Employer Network, an automated database of employers who have expressed an interest in hiring Army alumni.
If additional information is needed on the services available through the Army Career and Alumni Program, contact the local military installation ACAP representative or call DSN: 221-3591 or 1-800-445-2049.
Enlistment in the Regular Army
Regular Army officers do not have a statutory entitlement to enlist under Section 3258, Title 10, United States Code. Reserve officers who formerly were enlisted soldiers of the regular Army without a break in active duty service of more than one day from enlisted status to accept a Reserve commission on the active duty list are entitled to enlist in the regular Army.
In accordance with Section 3258, Title 10, United States Code and AR 601-280, paragraph 1-6, officers receiving their commission through ROTC or who enlisted for the officer candidate school option do not have a statutory entitlement to revert to enlisted status.
Regular Army or Reserve officers without statutory entitlement who meet one or more of the following conditions as defined in AR 602-280, paragraph 1-6, may request enlistment in the regular Army in the rank of SGT. Final determination for approval/disapproval of the officer's request for enlistment is based on the needs of the Army. Higher rank than SGT may be granted based on the officer's individual qualifications:
- If the soldier was separated as a regular enlisted member of any service to enter on active duty as an Army Reserve commissioned or warrant officer.
- If at any time during military service the soldier received the Medal of Honor, Distinguished Service Cross, Silver Star or any equivalent medal awarded by one of the U.S. Armed Forces.
- If the soldier has sufficient creditable active service to retire in enlisted status.
Officers with statutory entitlement or who are eligible to request enlistment in the regular Army will process their request for enlistment through their unit or installation retention NCO in accordance with AR 601-280, paragraph 2-37. Questions on eligibility for enlistment, enlistment rank or Military Occupational Specialty (MOS) should be addressed to the unit or installation Retention NCO.
VSI & SSB
Voluntary Separation Incentive - Annual payments for twice the number of years served - Monthly basic pay x 12 x 2.5% x Years of Service
Special Separation Benefit - One lump sum payment - Monthly basic pay x 12 x 15%
Non-cash Benefits and Services
" Preseparation Counseling (spouse also eligible)
" Development of Transition Plan (spouse also eligible)
"Career Change Counseling (spouse also eligible)
"Transition health care for 120 days after separation
"18 months preexisting condition coverage if using DoD sponsored health insurance
"Unlimited Commissary, Exchange, and Morale, Welfare & Recreation (MWR) privileges for 2 years after Separation for service member and family
"1 year free furniture storage
"Verification of Military Training and Experience Document (DD Form 2586)
"Application for the Evaluation of Military Learning Experiences (DD Form 295)
"Participation in Departments of Labor and Veteran's Affairs Transition Workshops (TAP&DTAP) (spouse also eligible)
"Enrollment in the Defense Outplacement Referral System (DORS) and Public and Community Service (PACS) (spouse also eligible)
"Use of the Transition Bulletin Board (TBB) (spouse also eligible)
"Other Employment Assistance Programs (spouse also eligible)
"One time employment preference for Nonappropriated Fund (NAF) positions (spouse also eligible)
"Relocation assistance (spouse also eligible)
"Financial Planning Assistance (available to spouse as appropriate)
"Unemployment Compensation (eligibility varies by state)
"Use of America's Job Bank (spouse also eligible)
"Veteran Benefits "Increased household goods storage
"Home of Selection move "180 day extension in Military Family housing on a space available basis
"Montgomery GI Bill Enrollment or VEAP Conversion
"Troops to Teacher Program
"Priority in affiliation with Guard and Reserve
"Service member may request up to 30 days Excess leave or Permissive TDY but not both
Information courtesy of U.S. Army