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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband, who is an 18 year veteran of the Army and has

Customer Question

My husband, who is an 18 year veteran of the Army and has served four deployments, is mentally and physically broke. He was an NCO that was stationed by the burn pits and now has asthma and severe sleep apnea, the worst case the dr. has ever seen. He has had knee surgery, shoulder surgery, prostate surgery and his tonsils and adenoids removed to see if it could assist with his breathing issues. He is receiving spinal injections to prolong a much needed back surgery and PTSD too. Our issue is, he just came on orders to El Paso, Texas but his Colonel does not want to send him due to his “broke” condition. My husband would like to retire after his 20 years to receive his benefits he worked so hard to obtain; this will all be for not otherwise. His chain of command would like him to start a medical board in process but he is afraid he will be kicked out of the Army with no benefits and only life long illness issues to deal with. We need some advice as to the best way to handle this situation, keep his benefits, and make sure he has the retirement benefits he needs for the future.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Ma'am I am sorry for this dilemma...but do not understand your questions.

Are you asking if they can separate him for the conditions you are describing?

Customer: replied 1 year ago.
I will have 18 years in this upcoming January. I plan to retire at 20 yrs. I have 2 years left to call it quits because of my illnesses and we have a house here. I don't understand why the army is messing with me when I am so close to retirement and broke. The job I have right now is not physically demanding and I have all my doctors I see who help me trying to make it to the retirement finish line. I would like to retire the normal way but my chain of command is telling me to med board out so I can stay here and not loose my benefits or PCS. My house is in no condition to rent it. I don't want to leave again so I don't loose my benefits, loose my house and get bad credit. My question is if I go to Texas where they want me to go for my last 2 years can I use the sailors act to get out of my mortgage or will m credit be ruined if I let go of the house. I tried hard for a long time to ask for a compassionate reassignment to stay here for the remainder 2 years of my career but my branch will not let me out of my orders. Is there any one that can help me override my orders and my branch. I m set to report on the 1o of November. If you can help us out with some great advise it would greatly be appreciated. Thank you for your time.V/RSSG Abrego, Rodrigo J
Processing NCO
C co 30th AG (REC)
Expert:  P. Simmons replied 1 year ago.

Sir, thank you

To answer your question

My question is if I go to Texas where they want me to go for my last 2 years can I use the sailors act to get out of my mortgage or will m credit be ruined if I let go of the house.

The Service Members Civil Relief Act does provide some protections to active duty members.

But there is nothing within that law that would allow you to stop paying the mortgage and protect your credit. If you do not pay as required the bank can report that on your credit report.

It is a bit more difficult for the bank to foreclose...if you are on active duty the bank must perform a "judicial" foreclosure...which takes more time and expense for the bank. But they will do this if you stop paying.

Consider approaching the bank for a "short sale"...this lets you sell the home for the market price, even if you owe more on the loan. That would help protect your credit.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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