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Chris T., JD
Chris T., JD, Attorney
Category: Military Law
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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I was twice passed to LtCol. I have 17 good years toward

Customer Question

Hi. I was twice passed for promotion to LtCol. I have 17 good years toward retirement. The Marine Corps want to separate me within the next month b/c I was passed over twice and only have 17 years. Although I drilled up until December of 2013, I have not received a Fitness Report since 2006/7. Can somone please explain my options? Thank you.
JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Maryland
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 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. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?
Customer: replied 5 months ago.
According to Title 10, if you don't have 18 good years after being passed twice for promotion, you are to be separated from the Marine Corps. I was passed over twice and wish to continue serving. How can I accomplish this?
Expert:  P. Simmons replied 5 months ago.
you are reserve component? Is that correct? For the entire career?
Customer: replied 5 months ago.
I am a reservist now. Active from 1996-2005. Reserve from 2005 until now, with some broken time/gaps in between.
Expert:  P. Simmons replied 5 months ago.
Can you tell me, were you considered for "continuation" by the last board? IF so what was the result?
Customer: replied 5 months ago.
I don't know if I was considered. I did receive a letter saying that I needed to hit 18 years by January 1 of this year. That didn't happen. I can also tell you that since 2007, I have not received a Fitness Report. So, that leaves me with a significant amount of observed time with no record/paper trail. I believe that is why I was passed over.
Expert:  P. Simmons replied 5 months ago.
no fitness report why? Are you in the IRR?
Customer: replied 5 months ago.
I was. I was moved to the ISL in January. As far as the fitness reports, there was so much turnover between RS's and RO's, I didn't get one. The only things that shows that I drilled, are my on-line drill records and the amount of points I earned each year.
Expert:  P. Simmons replied 5 months ago.
ThanksI am not away of any particular way for you to avoid the requirement for separation...but I will opt out in the event perhaps someone else on here has some ideas.
Customer: replied 5 months ago.
Understood. Thank you.
Expert:  Chris T., JD replied 5 months ago.
wrong post

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