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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25469
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was recently passed over twice in the USAF Reserve for Lt

Resolved Question:

I was recently passed over twice in the USAF Reserve for Lt Col. Can I still join the National Guard?
Submitted: 8 months ago.
Category: Military Law
Expert:  P. Simmons replied 8 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.


Are you not eligible for retirement in USAF? Are they forcing you out?
Customer: replied 8 months ago.
Yes they are forcing me out. I have 16 good years of service (10 active and six reserve).
Expert:  P. Simmons replied 8 months ago.
Thank you

The answer is yes...it is possible. At least in theory.

But the problem you face is you need to convince a guard unit to give you a slot.

If you can do that? Then you can take the slot, and your 16 years of service will count toward your retirement.

But as I mention, you may have a challenge to get a unit to take you on. It is tough to get into any service today...the downsizing in all branches combined with the tough economy has made reentry for all grades difficult. It is particularly difficult for senior officers and enlisted.

But if you can find a unity that can use you? Then it is possible for you to gain a commission (or perhaps even an enlistment contract) in that unit.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25469
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 3 other Military Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you for they reply. It is really frustrating. The reason for the being passed over was a failure to complete my intermediate education. What I did not know was that my 3 years in the IRR and 7 months in the inactive reserve had counted against my 20 years commissioned service.

Both I and my reserve unit had thought that I could just finish the education this year and go up again for LT Col next year as I had less than 20 years in.

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