Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am very sorry to have to bear bad news.
IF you failed BCA measurements 3 or more times in 4 years? The Navy can separate you. Even with almost 20 years of service.
The reference is MILPERSMAN ARTICLE 1910-170.
If you look at this, you can see the policy is clear
(ADSEP) processing is
mandatory for members when they do not achieve prescribed
physical readiness standards by failing to pass three physical
fitness assessment (PFA) cycles in the most recent 4-year
There is no waiver for folks who are close to retirement
Now...the policy is not that you must be separated. But you must be "processed"
So they will (or at least should, according to the rules) process you .
This means they will convene an administrative separations board.
Since you have over 6 years of active duty, they can NOT separate you without first giving you a hearing. And an attorney (from the NLSO) to assist you at the hearing.
And what you describe? With just a few months to retirement? It may be you can convince the board that you have made reasonable efforts to "make weight". IF you can convince the board to keep you (or at least not recommend you be separated)? Then you will be allowed to retire.
I would consider hiring a lawyer to help you with this.
NLSO will give you one for free...typically they have little experience. WIth so much on the line (your military retirement) I would sure try and bring the best possible attorney to this hearing
Please let me know if you have more questions...happy to assist if I can