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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13669
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I entered the Army 01-17-1955 as a USAR 2nd Lieutenant and

Customer Question

I entered the Army 01-17-1955 as a USAR 2nd Lieutenant and retired 2-28-1975 from 20+ years of Active Duty service with the Army as a USAR Lt Colonel. I worked for 25 years for NASA and retired 12-31-1999. I was informed by NASA Human Resources that I could buy back the Army time for several thousand dollars and add the time served to the NASA time served for purpose of retirement. The Army figgured out how much I should pay, and I sent an application under Title 10, par12736 along with the required check to OPM a few days before I retired from NASA. Two months later, OPM called me and said the Army would not concur with my request, and that they were returning my buy-back check. There was no rationale provided as to why. I recently, upon the suggestion of the JAG office at Redstone Arsenal, AL, reapplied since they believed the Army should have complied with the provisions of the above cited Title 10 ref. I was told by OPM on 11-06-2015 that I would have to forfeit my Army pension to do that. Is OPM correct? My entire 20+ years of service was as a Reserve soldier on active duty.
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.

I want to make sure I understand...you want to know if you can collect your military retired pay and have that time also count towards your NASA pension?

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