Posted on Jul 13, 2023
Do Reservists get the option of incorporating leave they accrue on Title 10 orders before they receive their DD214 and going back to work?
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Earlier, this year I received Title 10 Orders and deployed with the Navy Reserves, and I just received my demobilization orders. My question is how will leave be treated? Will I have the option to get orders that incorporate my leave before leaving Active Duty when I get back to the states? If so, will they change my orders when I get to the ECRC? Or, do I have to take it as a payout? The reason why I ask is because I would like to use that leave and spend time with my family before heading back to work.
Posted in these groups: Terminal Leave
Navy Reserve
Navy Reserve
Posted >1 y ago
Responses: 3
As a Reservist who has MOB'd many times, here is what happens:
When you DEMOB, you will process thru Admin and Finance. It is here at these stations that will determine how much Leave you have accrued and determine if you want to Sell to Take. If you choose to Take, a Leave Request will be generated pretty much on the spot...and approved....and all you have to do is go home once the DEMOB process is done. Then, all you have to do is chill and wait for your REFRAD (Release From Active Duty) orders to be issued/sent to you. IOT determine when your REFRAD date is, is know that you need to figure how many days you have to take, figure in the day you leave DEMOB site, and that is your REFRAD date. But don't worry, Admin/Finance will tell you when your REFRAD date is when processing your Leave Request. Your Leave time is taken into account for still being on Active Duty.
To put it another way:
You receive orders saying you're activated for 400 days. But, you actually are only deployed for 280 days. You arrive to DEMOD site on day 282. It takes you 3 days to clear DEMOB. You've been activated for a total of 285 days. A hair over 9 months. Now, 2.5 days of Leave per month. Approximately 23 days of Leave you've accrued. Your Leave starts on day 286. 23-24 days later from that, you should receive your REFRAD orders. You're still on those 400 day orders during those Leave dates, but with this you will know exactly when your Orders termination date will be.
If you wish to report back to work before/during those Leave days, that's your decision. I would certainly give your Employer a heads up telling them how much vacation you have with the Navy, projecting when you will be back to work.
Oh, and you'll have your DD 214 before you head home.
When you DEMOB, you will process thru Admin and Finance. It is here at these stations that will determine how much Leave you have accrued and determine if you want to Sell to Take. If you choose to Take, a Leave Request will be generated pretty much on the spot...and approved....and all you have to do is go home once the DEMOB process is done. Then, all you have to do is chill and wait for your REFRAD (Release From Active Duty) orders to be issued/sent to you. IOT determine when your REFRAD date is, is know that you need to figure how many days you have to take, figure in the day you leave DEMOB site, and that is your REFRAD date. But don't worry, Admin/Finance will tell you when your REFRAD date is when processing your Leave Request. Your Leave time is taken into account for still being on Active Duty.
To put it another way:
You receive orders saying you're activated for 400 days. But, you actually are only deployed for 280 days. You arrive to DEMOD site on day 282. It takes you 3 days to clear DEMOB. You've been activated for a total of 285 days. A hair over 9 months. Now, 2.5 days of Leave per month. Approximately 23 days of Leave you've accrued. Your Leave starts on day 286. 23-24 days later from that, you should receive your REFRAD orders. You're still on those 400 day orders during those Leave dates, but with this you will know exactly when your Orders termination date will be.
If you wish to report back to work before/during those Leave days, that's your decision. I would certainly give your Employer a heads up telling them how much vacation you have with the Navy, projecting when you will be back to work.
Oh, and you'll have your DD 214 before you head home.
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** EDITED based on MSG (Join to see)'s more comprehensive answer **
Regarding adding dates to your mobilization orders to take leave - In most cases, no. The exception to this is if you've been frequently mobilized in a short amount of time and start accruing PDMRA days.
You have three options - you can take it within your orders timeframe, you can be paid for your accumulated leave, or you can carry it over on the books until your next period of active duty.
*edit* It's most likely that your situation is that you are within your original mobilization order timeline, so yes, your leave will be calculated in and you will be given a new REFRAD date.
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https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/132706p.pdf
https://www.mynavyhr.navy.mil/Portals/55/Reference/MILPERSMAN/1000/1000General/1050-272.pdf
Regarding adding dates to your mobilization orders to take leave - In most cases, no. The exception to this is if you've been frequently mobilized in a short amount of time and start accruing PDMRA days.
You have three options - you can take it within your orders timeframe, you can be paid for your accumulated leave, or you can carry it over on the books until your next period of active duty.
*edit* It's most likely that your situation is that you are within your original mobilization order timeline, so yes, your leave will be calculated in and you will be given a new REFRAD date.
--------------------------------------------------------
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/132706p.pdf
https://www.mynavyhr.navy.mil/Portals/55/Reference/MILPERSMAN/1000/1000General/1050-272.pdf
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COL Randall C.
PO2 Lars Nielson - I think SGM (Join to see) and I might be giving you contradictory advice regarding the extension of your orders. After Desert Shield and Desert Storm and after OIF, I know a number of individual augmentees that had mobilization orders extended to allow for leave if they were supporting OCO.
Back in 2010/2011, I was working as Army Cyber Command's Reserve Component Advisor and was informed by the mobilization branch at Army Headquarters (HQDA-G3/5/7) that DoD issued guidance restricting that practice to only certain situations. I am usually loath to throw out unsupported guidance, but I can't find that DODI when I searched for it and only have the above references.
I'll defer to SGM (Join to see) as he might have more current information regarding this.
As to your returning to work, you'll be in a much better position to say when they expect you to return. However, depending on the length of your mobilization, you are granted a number of days to return to work under USERRA based on how long you were were on active duty. Since you said "earlier this year" you probably are in the category of "31 to 180 days" or "181 days or more". In the former, you have 14 days and the later you have 90 days.
However, you shouldn't use USERRA as a cudgel on your employer. I suggest you open a dialogue with your employer and would take the approach of giving them a date that you plan on returning to work. That will set a baseline for expectations and discussions could flow from there.
If your employer goes from the position of "show me your orders", "we expect you to show up the day after you leave active duty", etc., you can always go back to guarantees under the law (USERRA).
Back in 2010/2011, I was working as Army Cyber Command's Reserve Component Advisor and was informed by the mobilization branch at Army Headquarters (HQDA-G3/5/7) that DoD issued guidance restricting that practice to only certain situations. I am usually loath to throw out unsupported guidance, but I can't find that DODI when I searched for it and only have the above references.
I'll defer to SGM (Join to see) as he might have more current information regarding this.
As to your returning to work, you'll be in a much better position to say when they expect you to return. However, depending on the length of your mobilization, you are granted a number of days to return to work under USERRA based on how long you were were on active duty. Since you said "earlier this year" you probably are in the category of "31 to 180 days" or "181 days or more". In the former, you have 14 days and the later you have 90 days.
However, you shouldn't use USERRA as a cudgel on your employer. I suggest you open a dialogue with your employer and would take the approach of giving them a date that you plan on returning to work. That will set a baseline for expectations and discussions could flow from there.
If your employer goes from the position of "show me your orders", "we expect you to show up the day after you leave active duty", etc., you can always go back to guarantees under the law (USERRA).
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PO2 Lars Nielson
Thank you. I am actually asking this question because I am talking to my employer. But I need the information before talking to them
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When you return to CONUS and the ECRC, one stop should be to the DD-214 clerk.
There, they will determine how much leave you have accrued, and based on the day your are scheduled to leave the ECRC to the final day of leave, they will calculate your last day of T10. That date on the DD-214 will determine the final date on your final T10 amendment and you will return home in a leave status through the final day of that T10 amendment.
Or you can opt to sell some or all of that leave.
There, they will determine how much leave you have accrued, and based on the day your are scheduled to leave the ECRC to the final day of leave, they will calculate your last day of T10. That date on the DD-214 will determine the final date on your final T10 amendment and you will return home in a leave status through the final day of that T10 amendment.
Or you can opt to sell some or all of that leave.
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PO2 Lars Nielson
Okay Great. So does that mean they will amend my orders at the ECRC to reflect the leave? If not then work would expect me to return immediately or take vacation. If they don't adjust the orders then by default I will have to sell it back.
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