This thread is to start discussion on how to transition from USAF Active Duty Retirement into the Air National Guard.

Some questions that need to be answered:
1. What happens to retirement benefits?
2. Does retirement transfer to an ANG retirement when service is complete or does AD retirement kick back in until age 60 & ANG retirement takes over?
3. Is there a time limit on how long one can serve in the ANG (i.e. age restriction, time in service, time in grade?)
4. What methods are available to be ANG full-time employed?
5. What methods are available for airline pilots to use their USERRA military leave of absence option?
6. How does the promotion system work for those non-selects ("passed-over")?

This list is a great starting point. Once these questions have answers, the list will increase. Hopefully we can get information out to the people who need it!

quote:

5. What methods are available for airline pilots to use their USERRA military leave of absence option?

Well, I can help you with this question, but I did not even know you could go National Guard or even Reserves when you were retired. I thought the magic RE-4R code all retirees got meant no-go unless the Army or Air Force in your case was re-activating you. Always learn something.

As for USERRA, I am an ESGR ombudsman. The ESGR is under the Office of the Secretary of Defense (OSD), and we are basically in charge of making sure USERRA is followed. If it is not, and we cannot talk the employer into following the law (or educating the vet that they are wrong, which many times is the case) then the case is turned over to the Department of Labor who then through its VETS administration tries to handle the case through regulation. If that does not work, the Department of Justice then takes the case. At any time, the soldier can handle the case on their own through civil court.

Any soldier can take military leave voluntarily or involuntarily. The time frame is 5 years. Now, the 5 years is minimum. If you are called out to war or forced to activate, then the 5 years gets added onto.

If you are a pilot, let your employer know that you will be going into the military and that you plan to return. This is not necessary but helps out. There are no magic forms to complete. In fact, it can be done verbally. Most employers though, especially moderate sized ones, will have military leave forms. If not, and you want to have a form, then go to the ESGR website and there are some sample ones: http://www.esgr.org/userra.asp . These are usually for short leave, but you can be creative. There is also a sample of a reinstatement form that you might complete after your military duty.

quote:

Originally posted by gallagheria:

quote:

5. What methods are available for airline pilots to use their USERRA military leave of absence option?

Well, I can help you with this question, but I did not even know you could go National Guard or even Reserves when you were retired. I thought the magic RE-4R code all retirees got meant no-go unless the Army or Air Force in your case was re-activating you. Always learn something.

As for USERRA, I am an ESGR ombudsman. The ESGR is under the Office of the Secretary of Defense (OSD), and we are basically in charge of making sure USERRA is followed. If it is not, and we cannot talk the employer into following the law (or educating the vet that they are wrong, which many times is the case) then the case is turned over to the Department of Labor who then through its VETS administration tries to handle the case through regulation. If that does not work, the Department of Justice then takes the case. At any time, the soldier can handle the case on their own through civil court.

Any soldier can take military leave voluntarily or involuntarily. The time frame is 5 years. Now, the 5 years is minimum. If you are called out to war or forced to activate, then the 5 years gets added onto.

If you are a pilot, let your employer know that you will be going into the military and that you plan to return. This is not necessary but helps out. There are no magic forms to complete. In fact, it can be done verbally. Most employers though, especially moderate sized ones, will have military leave forms. If not, and you want to have a form, then go to the ESGR website and there are some sample ones: http://www.esgr.org/userra.asp . These are usually for short leave, but you can be creative. There is also a sample of a reinstatement form that you might complete after your military duty.

Thanks gallagheria!
To tag along with your answer there is the following question. What type of orders are available with the ANG that will allow mil leave? What methods allow for full-time use of the mil leave? What ANG positions allow these methods for a returning retiree (such as AGR/ART/Traditional...and where can information be found about them)?

quote:

Originally posted by RAGATO:
Thanks gallagheria!
To tag along with your answer there is the following question. What type of orders are available with the ANG that will allow mil leave? What methods allow for full-time use of the mil leave? What ANG positions allow these methods for a returning retiree (such as AGR/ART/Traditional...and where can information be found about them)?

Someone else will have to fill in here. As I said, I am not familiar with retirees' coming back into the military. I can lay down the basics here.

There are three legal types of military activation (leave from your employer): Title 10, Title 32, and State Active Duty. There are many various leaves in the military, but all will fall under one of these three classifications. I have no idea what type of activation you are eligible for in the Air National Guard as a returning retiree, but as long as you get federal activation (Title 10) or state activation for a federal mission (Title 32), you will be protected by USERRA. If you get State Active Duty (SAD), you will not be protected under USERRA. The states have various laws dealing with state active duty so you will have to consult your respective state.

If you volunteer for active duty, or if you are ordered to active duty, under USERRA your employer has the right to contact your commander and request that you not be activated. The commander is encouraged to accommodate the employer where feasible. As a result, the commander can say that you will not be activated.

As for fulltime National Guard jobs, there are federal ones and their are state ones. Each state has a posting on its National Guard website for active duty Guard jobs. Some of these are civil service technician jobs which are not really active duty Guard jobs. You will wear the uniform, but are actually civil service. Others are the AGR jobs which are active duty Guard jobs mostly under Title 32. Most recruiters fall under this as an example. There are also ADSW/ADOS jobs which are fulltime Guard jobs for a limited time, usually one year. They can then be extended.

As an example, the Georgia Department of Defense lists its openings here: http://www.gahro.com/ga_va.htm .