Ok, so here's my situation:
I was in the PRes for a little over ten years, CT'ed to the regular force for a 3 years BE, got out 2 months early and returned immediately to the PRes after getting out, and i've been PRes ever since.
Here's the pickle: When i left the regs to come back to the reserves, i had to get out to the supp-res, then transfer from supp-res to the PRes because apparently it takes a higher authority to transfer a member from the RegF directly to PRes than it does to release a member to the Supp res or civvy st, and that authority happened to be on x-mas leave when i was going through this process (and much to my chagrin - getting out meant i had to account for 13 years worth of lost kit rather than taking my 638 and accompanying kit problems to the PRes, which would have been much cheaper in the short term).
I got my payout letter the other day in the mail, and it's crediting me with only 1.7 years service (for all practical reasons, i've been in the army since 1996 save for a month or two of ED&T).
I did not get an RFRG payout when initially left the reserves to join the RegF, and i never got a payout from the RegF because apparently i forfeitted it by getting out two months early (i didin't complain as i was grateful they were cutting me a break and letting me go to start this job i'd been offered).
The payout only applies for the current service you're engaged in now, not previous services, hence the 1.7 years (which is an accurate account of how much service i have done in the reserves since getting out of the regs).
So my questions are as follows:
1) For the purposes of this subject, would transferring between the regs and reserves be considered "continuous" service provided you transitioned directly between components and were never "out"?
A) If not, should i not have been given my RFRG upon leaving the reserves and joining the regs ? (That i wasn't offered it is what makes me think component transfers are considered continuous service)
2) Is there a statute of limitations for cases where a member gets out but gets back in the next day (even between components) that would cause that to *not* be viewed as a break in service?
A) If so, what is the time period? (I think i've heard elsewhere in the admin world of 30 days being forgivable and possibly disregarded as a break in service, though i may have imagined this)
B) If so what if you miss that period for reasons beyond your control (You got out on the friday, were in the reserves OR on the monday attempting to join back up, and they took months to get you enrolled)?
C) Failing all that, can showing that the break in service (i.e. having to get out completely to go from regs to reserves) was beyond your control be used to forgive the break in service?
3) For the three years i was in the regs, being that i forfeited the regular force gratuity by getting out early, would that time still count as creditable today if my service had been continuous (PRes to Reg to PRes)? I know this one is a long shot. I wouldn't lose too much sleep if they told me i wasn't entitled for those three years.
..................................................
As you can see, i've got a lot of money on the line here, so any help would be much appreciated. I'd hate to think that i'm out all that money due to my service not being "continuous", simply because i was in the wrong place at the wrong time when the wrong guy was on leave (nothing against the guy being on leave of course. It was near Xmas after all).
My current CoA is as follows, and i'm open to any suggestions:
-Get documents supporting my 10+ years of PRes service prior to transferring to the regs
-Component transfer forms and posting message from when i went to the Regs from the PRes.
-Get my RegF release file. Thankfully when i got out i handed it to my gaining reserve unit which means there's a better chance of that file still being part of this universe than there would be had i hung onto it.
-Try and find documentation that details when i first showed up in the reserve OR (which will show i went to join the reserves <1 business day after getting out of the regs), and how long it took them to enrol me.
-Memos up my CoC to let them know what i'm up to.
-Send a detailed memo and all supporting documents to the authority in charge of all of this in an attempt to appeal.
-Take a giant dump in the middle of the parade square should all this fail.
Thanks in advance for any advice you can give me.
Advance!
Pro Patria!
I was in the PRes for a little over ten years, CT'ed to the regular force for a 3 years BE, got out 2 months early and returned immediately to the PRes after getting out, and i've been PRes ever since.
Here's the pickle: When i left the regs to come back to the reserves, i had to get out to the supp-res, then transfer from supp-res to the PRes because apparently it takes a higher authority to transfer a member from the RegF directly to PRes than it does to release a member to the Supp res or civvy st, and that authority happened to be on x-mas leave when i was going through this process (and much to my chagrin - getting out meant i had to account for 13 years worth of lost kit rather than taking my 638 and accompanying kit problems to the PRes, which would have been much cheaper in the short term).
I got my payout letter the other day in the mail, and it's crediting me with only 1.7 years service (for all practical reasons, i've been in the army since 1996 save for a month or two of ED&T).
I did not get an RFRG payout when initially left the reserves to join the RegF, and i never got a payout from the RegF because apparently i forfeitted it by getting out two months early (i didin't complain as i was grateful they were cutting me a break and letting me go to start this job i'd been offered).
The payout only applies for the current service you're engaged in now, not previous services, hence the 1.7 years (which is an accurate account of how much service i have done in the reserves since getting out of the regs).
So my questions are as follows:
1) For the purposes of this subject, would transferring between the regs and reserves be considered "continuous" service provided you transitioned directly between components and were never "out"?
A) If not, should i not have been given my RFRG upon leaving the reserves and joining the regs ? (That i wasn't offered it is what makes me think component transfers are considered continuous service)
2) Is there a statute of limitations for cases where a member gets out but gets back in the next day (even between components) that would cause that to *not* be viewed as a break in service?
A) If so, what is the time period? (I think i've heard elsewhere in the admin world of 30 days being forgivable and possibly disregarded as a break in service, though i may have imagined this)
B) If so what if you miss that period for reasons beyond your control (You got out on the friday, were in the reserves OR on the monday attempting to join back up, and they took months to get you enrolled)?
C) Failing all that, can showing that the break in service (i.e. having to get out completely to go from regs to reserves) was beyond your control be used to forgive the break in service?
3) For the three years i was in the regs, being that i forfeited the regular force gratuity by getting out early, would that time still count as creditable today if my service had been continuous (PRes to Reg to PRes)? I know this one is a long shot. I wouldn't lose too much sleep if they told me i wasn't entitled for those three years.
..................................................
As you can see, i've got a lot of money on the line here, so any help would be much appreciated. I'd hate to think that i'm out all that money due to my service not being "continuous", simply because i was in the wrong place at the wrong time when the wrong guy was on leave (nothing against the guy being on leave of course. It was near Xmas after all).
My current CoA is as follows, and i'm open to any suggestions:
-Get documents supporting my 10+ years of PRes service prior to transferring to the regs
-Component transfer forms and posting message from when i went to the Regs from the PRes.
-Get my RegF release file. Thankfully when i got out i handed it to my gaining reserve unit which means there's a better chance of that file still being part of this universe than there would be had i hung onto it.
-Try and find documentation that details when i first showed up in the reserve OR (which will show i went to join the reserves <1 business day after getting out of the regs), and how long it took them to enrol me.
-Memos up my CoC to let them know what i'm up to.
-Send a detailed memo and all supporting documents to the authority in charge of all of this in an attempt to appeal.
-Take a giant dump in the middle of the parade square should all this fail.
Thanks in advance for any advice you can give me.
Advance!
Pro Patria!