10 U.S. Code § 12686: A member of the reserve component who is on active duty, other than for training, and is within two years of retirement eligibility may not be involuntarily released from that duty before retirement eligibility, unless approved by the Service Secretary. A Service Secretary may require that a member waive this provision for "sanctuary" if the member is ordered to active duty for less than 180 days.
Implements U.S. law. See DODI 1235.12 for more details.
Air Force Policy
AFI 36-2131: A reserve member desiring sanctuary must do so while on active duty and must submit the request in writing. Absent a written request, the member's release will be considered voluntary and sanctuary protection not requested. The Secretary of the Air Force requires a waiver of sanctuary before a reserve member may begin a tour that would result in their qualifying for sanctuary. Waivers are not required from members activated under involuntary authority.
Reserve members in an active status who are selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who are denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status are entitled to be credited with at least 18, but less than 20 years of service computed under 10 USC § 12732, may not be discharged, denied reenlistment, or transferred from an active status without the member's consent.
AR135-18: AGR soldiers covered will be retained on active duty or full-time National Guard duty until completion of 20 years of service qualifying for retirement, unless release is voluntary or approved by the Secretary of the Army.
SECNAVINST 1800.2: Reserve officers must have less than 16 years of total active military service to qualify for receipt of orders or recall under active duty for operational support. Commands and organizations that issue active duty orders will screen an individual's cumulative active duty service before issuing orders, so that if Reserve officers reach 18 years they do so by design. Reserve officers with 16 years of active duty service must be approved by OPNAV 13 or by the CMC (M&RA).
Marine Corps Policy
Reserve officers credited with at least 18 but less than 19 years of qualifying service on their mandatory removal date may not be involuntarily transferred to an inactive-status before the earlier of the following dates: (1) the date they complete 20 years of qualifying service, or (2) the third anniversary following the mandatory removal date.
Reserve officers credited with at least 19 but less than 20 years of qualifying service on their mandatory removal date may not be involuntarily transferred to an inactive-status before the earlier of the following dates: (1) the date they complete 20 years of qualifying service, or (2) the second anniversary following the mandatory removal date.
The safety zones referred to above do not apply to a Marine who cannot meet all requirements for a Reserve retirement with pay by the end of the safety zone period.
Involuntary discharge as a result of a second failure of selection for promotion: Each officer on the active duty list serving in any grade of chief warrant officer, first lieutenant, captain, or major, who has twice failed selection for promotion to the next higher grade, will be discharged from the Service unless: otherwise continued on active duty, in the sanctuary zone with between 18 and 20 years of active service and serving until retirement-eligible, retired, or, if a permanent limited duty officer, reverted to a warrant officer or enlisted status. Guidance on actions taken regarding officers incurring a second failure of promotion is contained in SECNAVINST 1920.6D.
Implements U.S. Law and Navy Policy