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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26333
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have 22.5 years of active duty service with the Navy. Am

Resolved Question:

I have 22.5 years of active duty service with the Navy. Am 55 years old, had arterial problem which caused me to limit physical activity, as a result out of body fat standards last 2 cycles. Drs told me to PT at my own pace, but can't waive the BCA. If I fail a third will I lose any retirement benefits?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

22 years active?

You are vested.

YOu have over 20 years of service for pay...you are vested in the retirement system. They can not take that away from you UNLESS they take you to a court martial and obtain a punitive discharge. Period.

So what you describe? Your retirement is not in danger.

They MAY take you to an administrative separation proceeding...the rule for failing PFT's will still apply. So they could use that as a basis to separate you.

And if they did, and they separated you, you would be discharged...but that discharge would have the effect of placing you on the retired rolls. And you would begin to draw retired pay immediately.

Now...there is one more issue here...it sounds to me like your medical problems may well be caused by your service. If so, they SHOULD be running a MEB (Medical Evaluation Board) instead of an adsep board. And you can certainly request this from your command.

And you can, and should, apply to the VA...again, it sounds like your heart problems may be related to your service. IF they are you are entitled to compensation. Frankly it does not matter which side processes this (VA or DoD)...the result will be the same since you will be retired with full retired pay since you are over 20 years of service.

BotXXXXX XXXXXne: No...they can not take your retirement, and yes...go to the VA and apply for compensation for this.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26333
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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