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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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Dear Sir, DFAS has stoppe my VSI payment without

Resolved Question:

Dear Sir,
DFAS has stoppe my VSI payment without notice this year. I took VSI in 1992 after 16 years of active duty. I remained in the IRR until I recieved a Retirement letter almost 7 years later, well past my 20 year mark. I got 20 years of payment and should get another 11 years after this year. I have called, e-maied, and faxed DFAS and the VSI dept. without any result. I do know my file states "no reverse affiliation". I am retired so what do they want? Trust me any advice you can give me will be invaluable. If I need a military law expert let me know. Thank you, Paul
Submitted: 10 months ago.
Category: Military Law
Expert:  P. Simmons replied 10 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

You can not get VSI and retirement pay...you have to give up the retirement pay until the VSI you have received so far is repaid.

SO is that what is happening...did you retire from the military and are you eligible now for retired pay?

Customer: replied 10 months ago.

No , I am not getting any retirement pay, but the IRR retired me when after 7 years in the IRR I was not selected for promotion to 0-5 since I was not involved in any training or active service. So yes I recived papaers stating I was retired from the IRR , and I turn 60 in one month, but no I am not getting any retirement checks. So in total I have about 24 years of combined active duty and IRR affiliation. Be getting the checks from VSI like clock work until this month when nothing came.

Expert:  P. Simmons replied 10 months ago.
"retired" implies you are eligible for receipt of retired pay...are you certain you do not meet the criteria for "20 good years"? Is it possible that you may have reached eligibility over your career?
Customer: replied 10 months ago.


Well that would make sense but I have no idea., and I doubt I am that lucky. So you tell me if I had 16 years of active duty and approximately 6 or 7 years of IRR would that quailify me for a retirement check? If so wouldn't I get some sort of indication that the VSI would stop and retiement check would start and would I need to pay back the money I already got from the VSI payment first?

Expert:  P. Simmons replied 10 months ago.
You need 20 "good years" to retire. So 16 years AD...if you managed to get 50 points or more in 4 of those 6-7 years? Then you rate a retired pension.

SO that may be what is up...

Or it may be a mistake.

If you did not get 4 "good years" to round out 20, then you are not going to be able to retire...and if it is a mistake I expect DFAS will discover it sooner or later...may as well make that sooner

There is no reason for your VSI to stop if you are not going to receive retirement.

HOWEVER, if you are going to receive retirement, you first have to "pay back? any VSI payments received to date, and then you would receive your regular monthly check (and with 16 years active? I would expect a significant retired check each month)

I would contact DFAS, by mail. Write to them and explain what is going on...they will investigate. IF this is a mistake, they will restore your VSI. If it is not a mistake? THen they will recoup the VSI you have received to date and then start to pay you your retired pay.

Customer: replied 10 months ago.


Thank you, one last question about retirement. All I did was let the IRR know where I lived. In spite of the fact that I called and wrote to return to active duty after 9/11 I never had any addtional contact with the service other than I got the VSI check every year. So in your experience would I be eligible for a reserve retirement and if so shouldn't someone let me know that they would like to send me a retirement check and withhold my VSI. If that is the case I actually could pay back my VSI payments and get the retirement check which although I did not think I would qualify for would be kind of sweet at this point. If I should get a retirement check and pay back my VSI payments who shoild I talk to?

Customer: replied 10 months ago.
Relist: Incomplete answer.
please review my prior questions about being eligible for a reserve retirement and why DFAS has not sent me this years payment>
Expert:  P. Simmons replied 10 months ago.
Sorry for the delay. I had to step away

Letting the IRR know where you are, at most, is worth 20 points. You need 50 in a year to have a good year. SO it sounds like DFAS is confused...sounds like they have retired you and may be considering you rate pay.

I would write a letter to DFAS. Then I would copy your Congressman on the letter. I do not know if the government shutdown is impacting DFAS...if it is you may need to wait for the shutdown to end before this is resolved. But what you describe, it sure sounds like DFAS made a mistake

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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