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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was commissioned 2000/08/29 as an Officer in the US Army

Customer Question

I was commissioned 2000/08/29 as an Officer in the US Army Reserves Nurse Corp. I received one MRD extension for 3 years on 2014/07/31. I turned 60 in 2014. I was retained because I was a Psychiatric Nurse Practitioner (66R) and the USAR was under manned at the time. I am applying for one more MRD extension. I would like this to be for 4 more years. If not 4 years, I would like an MRD extension of 3 years plus 30 days to allow me to have 20 years. I would be 66 years old. Is this possible? What are my options?
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I want to make sure I understand...you are now 62? Is that correct? And you want to know if you cane extend your MRD?

Customer: replied 7 months ago.
I will be 62 this July. My current MRD will be July 2017 (next year). The Brigade is helping me to submit my second MRD date extension this July(0ne year in advance). I will need a 3 year plus 30 day extension to make 20 years. I am not sure if I need to ask for 4 years. Regards, ***** ***** L Wareing
Expert:  P. Simmons replied 7 months ago.

Thanks
I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 7 months ago.

Thank you for your patience

If you were anything but a medical officer I would tell you that you have no chance. Title 10 USC 1251 requires you be retired/separated when you reach 62 years of age

HOWEVER, there is an exception…it is covered in the Army Regulation that applies

You can see that regulation here

http://www.apd.army.mil/pdffiles/r600_8_24.pdf

Para 6-25 provides, in part

The Secretary of the Army may defer the retirement of certain health professions officers. For RA officers, this provision is limited to Medical Corps, Dental Corps, and Army Nurse Corps officers if the officer will be performing duties during the deferment that consist primarily of providing patient care or performing other clinical duties. Deferment under this provision may not extend beyond the first day of the month following the month of the officer’s 68th birth date (10 USC 1251).

So there is a process that you can use to extend.

The regulation also provides:

Requests for deferment under this provision will be forwarded through the officer’s chain of command to CDR, HRC–Alexandria (AHRC–OPH–P).

So if your commander is sponsoring this (they are going to give a positive endorsement of this application)? I think you have a decent chance of success.

As of how long? Frankly, I would focus on that 20 year mark…you want to get there, if you can, for the vested retirement benefits.

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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