c. Soldiers who are medically disqualified from future service for physical disability or other
medical disqualifications must have served at least 15, and less than 20 years of service, per
section 12731b of Title 10 U.S. Code. Paragraph 3-6b explains the procedure for Soldiers to be
issued the 15 Year NOE.
d. Soldiers and former Soldiers must not be entitled, under any other provision of law to
retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet
Marine Corps Reserve.
e. Soldiers and former Soldiers must submit applications for retired pay to the service in
which they last served (the service assigned to at time of discharge or transfer to the Retired
Reserve).
f. Paragraph 3-3 below, explains qualifications for the 20 or 15 Year NOE of retired pay at
age 60.
3-3. Additional requirements
Soldiers who attain 20 qualifying years on or before 25 April 2005 must meet the last 8 or 6 rule,
as stated below in the note section. Soldiers who complete 20 qualifying years on or after 26
April 2005 are not required to meet a minimum Reserve Component service rule to qualify for
retired pay.
a. The Last 8 Rule: Soldiers who completed 20 qualifying years of service prior to 5
October 1994 must have served their last eight years of their qualifying service in other than a
Regular Component, the Fleet Reserve, or the Fleet Marine Corps Reserve. Their first 12 years
are not considered, only the last eight. This service need not be the actual last eight years of
military service, nor do the years have to be continuous. Also, service performed concurrently in
a Reserve Component while serving on extended active duty in the strength of the Regular
Army, Navy, Air Force, Marine Corps, or Coast Guard is not creditable for determining the last
eight years. However, RC service while in AGR, mobilized, or short periods of active service
solely as a member of a RC will be used to meet the rule.
Example--Last 8 Rule: A Soldier enlisted in the USAR and served 14 years. She was enlisted
or appointed into the RA and served seven years, and reached her 20th qualifying year in 1993.
When she returns to the ARNG (or another reserve component), she must serve six additional
qualifying years in an active status in a Reserve Component to become eligible for a 20 Year
NOE. The reason is the Soldier’s 13th and 14th years, and her 22nd through 27th years are
required to make up “the last eight years” of her total service.
b. The Last 6 Rule: Soldiers who completed 20 qualifying years of service during the
period beginning on 5 October 1994 and ending on 25 April 2005 must have served their last six
years of their qualifying service in other than a Regular Component, the Fleet Reserve, or the
Fleet Marine Corps Reserve. Their first 14 years are not considered, only the last six. This
service need not be the actual last six years of military service, nor do the years have to be
continuous. Also, service performed concurrently in a Reserve Component while serving on
extended active duty in the strength of the Regular Army, Navy, Air Force, Marine Corps, or
Coast Guard is not creditable service for determining the last six years. However, RC service
while in AGR, mobilized, or short periods of active service solely as a member of a RC will be
used to meet the rule. From 1 January 2002 through 30 September 2002, a temporary last 6 rule
was eliminated in a change in law, and that period reverted to the last 8 rule in (a) above. A later
provision in the National Defense Authorization Act for Fiscal Year 2005 corrected the last 6
rule to what is described here.