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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can you add on years to a National Guard contract due to

Customer Question

Can you add on years to a National Guard contract due to lack of good years? Specifically, I signed an 8 year contract during medical school in 2009 that would finish in 2017. I was in medical residency during this time and was several MUTAs short of a good year in three of these years. My commander is now saying my contract would need to go through 2020 because of the three years that did not count as good years. I can find no military regulations that state this precedent.
Submitted: 4 months ago.
Category: Military Law
Expert:  P. Simmons replied 4 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 help

Also, 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. Would it help to talk on the phone? I can make that available for a nominal fee ($5)

Customer: replied 4 months ago.
My question is if it is legal to involuntarily extend a Army National Guard contract due to lack of "good years." Good years refer to calendar years that you attend enough drills to accrue enough points to qualify that year for retirement benefits. In my situation, I am not trying to retire, but instead trying to fulfill my 8 year service requirement. I signed my contract during medical school in 2009, with 8 years service requirement, finishing in 2017. I am seven years into this planning to be done in 1 year. I was a medical resident during 4 of these years. Due to my schedule as a resident, there were three years that I did not attend enough drills to qualify that calendar year as a "good year," meaning it would not count if I were trying to get retirement benefits. I have a new commander who is now asserting that these three years do not count toward my service requirement, and that I would need to serve an additional three years to make up for this, extending my contract to 2020. The military regulation he is quoting is AR 135-91. I have read this regulation in addition to countless others and cannot find anything that states this ability to add on years to a contract due to lack of "good years," as the purpose of good years is for retirement purposes. My contract clearly states that I needed to serve 8 years. My question is if you have ever heard of this situation or know of any military regulation that justifies this? I know it is confusing, but I hope this clears it up.
Expert:  P. Simmons replied 4 months ago.

"involuntary extend due to lack of good years"

So you have an 8 year contract but you have not fulfilled it and you want to know if they can force you to fulfill the contract?

Customer: replied 4 months ago.
I will be completing the 8 years next year and have no issue with doing so, as this is what I signed up for. However, 3 of these years did not qualify as "good years" for retirement purposes. I want to know if they can add these 3 years on to the contract to make it an 11 year contract total?
Expert:  P. Simmons replied 4 months ago.

Thanks!

They can...to qualify for retirement OR to satisfy a contract obligation you need 50 or more "points" in a calendar year...so they can require you perform service in accordance with the contract you signed.

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.

Customer: replied 4 months ago.
Do you know of the specific military regulation that describes adding years onto a contract?
Expert:  P. Simmons replied 4 months ago.

It is not adding years...it is requiring you serve the years you agreed to. If you had an 8 year contract they can make you do 8 years...if you miss a year? They can extend the contract.

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