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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im in the Marine Corps Reserves and reenlisted after my initial

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I'm in the Marine Corps Reserves and reenlisted after my initial 6 years to do another 4 year contract (3 drilling/1 IRR) and received a bonus for $15,000 to fill a specific position. Our platoon is way over capacity now though, and I've been accepted into graduate school and am beginning classes, and been offered a great full time job. I didn't want to reenlist but did so to make it financially, pay off bills/credit cards, and be able to go to graduate school. Now that things are looking great, I would love to get out of the Marines and continue my life in the civilian world, especially because it takes so much time from studying and working full time. I simply no longer need it, it's very stressful, and keeps me from going all out with my school and work.

They're doing early release programs, and the FSRIG came and talked to my platoon to let many of us leave early. Those outside 50 miles could get out of the Marine Corps Reserves that day- very frustrating because I just moved within 50 miles and could have waited.

I saw one option that was to request to drop to the IRR now for school, and then once my end of contract hits they'll determine whether to extend my contract. The hope here is that they decide not to extend and just let me out. This seems like a pretty good idea, but maybe not the best. Another idea is to wait for the fy14 early out programs to be unveiled.

Do you have any good suggestions on how I could end my contract early? I went to Iraq and have been in for almost 8 years and have served honorably and even been meritoriously promoted twice. It's just time for me to move on to other things. What could I do?

Adam XXX@XXXXXX.XXX
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.

Did you take bonus money for this reserve slot?
Customer: replied 1 year ago.

Yes I did.

Expert:  P. Simmons replied 1 year ago.
That is going to be a problem...they are going to want that money back before they let you go anyplace...at least the unearned portion. Can you tell me, how long ago did you enlist and did you get 1/2 up front?
Customer: replied 1 year ago.

I'm more than willing to pay the pro rated amount back, or for the remaining year and a half, but paying this back isn't preferred of course. I enlisted in February 2012, so I drop to the IRR in February 2015. I am completely out February 2016 I believe.


 


I received the full amount of $15,000 bonus, which after taxes was around $10,000.

Expert:  P. Simmons replied 1 year ago.
Thanks

Again, that bonus is going to be an issue. They are not going to let you drop out and not pay that back (the unearned portion).

Frankly, they may not let you drop regardless.

It is tough to get out of the reserves. Unlike the active duty where there are several factors that can be used for a voluntary discharge (under the MARCORPSEPSMAN) there are very few that apply to reservists.

There is simply no "easy way out"

Now...if you have a medical condition that limits your ability to serve? You can ask for a MEB and go that route.

Or if you have a religious belief that prevents your participation in war or assisting war, you can apply for conscientious objector status. This is a good way to go if it applies...it takes several months but it will typically result in a discharge.

Other than that? I think you will be lucky to get them to release. you

Wish I had better news. Let me know if you have more questions, happy to help if I can



If you are willing to pay ba
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Did you mean to type something after the "If you are willing to pay ba?"

Expert:  P. Simmons replied 1 year ago.
AHh...sorry, that was a typo...I started with one thought...but went to another and left that there.

Sorry for confusion...I address that thought earlier in the answer. If you are willing to repay, I think you may have a shot but even then it is a long shot. You need to get your commander to support your request to transfer to the IRR. But if he or she will? Then it may be you can make that happen.
Customer: replied 1 year ago.

No problem. I'm almost done and will rate here in just a minute. Thanks for your help. What paperwork do I need to request to pay back my bonus and drop to the IRR?

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P. Simmons
P. Simmons
Military Lawyer
27019 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.