Can TAR Duty Override Title 10 Separation Rights?

I have 17 active years in and joined the reserves as a SELRES about 6 years back. In June 2023, I took on TAR active duty orders so I could reach sanctuary and qualify for an active duty retirement. That came with a 3-year service obligation through August 2026, and I’d be able to retire in March 2027. Thing is, I didn’t get promoted after being up for O-5 twice and decided to head back to my civilian job. Now the Navy says I was offered a continuation and declined it, which I don’t remember clearly. They’re reviewing my separation but say my TAR contract might take priority. Anybody know if they can just ignore Title 10 and keep me on anyway?

Wow, that sounds frustrating! So they’re saying your TAR commitment could override Title 10 separation rights? I didn’t think that was possible.

Wynn said:
Wow, that sounds frustrating! So they’re saying your TAR commitment could override Title 10 separation rights? I didn’t think that was possible.

Exactly! They’re holding up my separation while they review it. Not sure if the TAR duty contract can really take priority here.

Wynn said:
Wow, that sounds frustrating! So they’re saying your TAR commitment could override Title 10 separation rights? I didn’t think that was possible.

Title 10 usually takes precedence in separation cases, especially after being passed over for promotion. The fact they’re doing a legal review is interesting… they’re probably weighing both sides.

Did you actually get any documentation from the Navy about the continuation offer? If you have proof you declined, it might help your case.

Will said:
Did you actually get any documentation from the Navy about the continuation offer? If you have proof you declined, it might help your case.

No, that’s part of the problem. I don’t have anything in writing from them. Just going off their word, which isn’t ideal in this situation.

Will said:
Did you actually get any documentation from the Navy about the continuation offer? If you have proof you declined, it might help your case.

Yeah, without docs, it’s tough. A military attorney could really help you argue the Title 10 side here, especially if there’s no record of you accepting a continuation.

Maybe I missed this, but what’s a TAR contract? Not familiar with it.

Aris said:
Maybe I missed this, but what’s a TAR contract? Not familiar with it.

Oh, TAR stands for Training and Administration of the Reserve. Basically, it’s active duty orders within the reserves. It’s a way to build up time toward active duty retirement.

Aris said:
Maybe I missed this, but what’s a TAR contract? Not familiar with it.

Thanks for explaining! So you’re technically on active duty, but it’s under a reserve contract?

That’s a tricky situation. Maybe they’re holding your separation because of the legal clash between your TAR duty and Title 10 rights. Have you consulted a military lawyer?

Hartley said:
That’s a tricky situation. Maybe they’re holding your separation because of the legal clash between your TAR duty and Title 10 rights. Have you consulted a military lawyer?

Not yet, but I’m definitely looking into it. Seems like a lawyer could help me navigate the contract vs. Title 10 issue.

Hartley said:
That’s a tricky situation. Maybe they’re holding your separation because of the legal clash between your TAR duty and Title 10 rights. Have you consulted a military lawyer?

Good call. A lawyer might help speed up the Navy’s decision too. Hope it works out!

If they’re going through legal review, sounds like they’re taking this seriously. I’d push for clear documentation from them, especially around any offer of continuation.

Hadi said:
If they’re going through legal review, sounds like they’re taking this seriously. I’d push for clear documentation from them, especially around any offer of continuation.

Yeah, I’m asking for anything in writing. At least I’d know what they’re basing this on.

Hadi said:
If they’re going through legal review, sounds like they’re taking this seriously. I’d push for clear documentation from them, especially around any offer of continuation.

Smart move. Having something concrete might help your lawyer if it comes to that.