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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111505
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A combat wounded Reserve Soldier was denied Reserve Duty

Customer Question

A combat wounded Reserve Soldier was denied Reserve Duty Performance that was not credited to him since he did not address the fact that his Summary of Reserve duty did not show his retirement points. The Soldier had severe extenuating circumstances that prevented him from addressing the issue. His father developed and died of cancer and shortly after his mother also died of cancer, he had to admit his sister to a psychiatric institutuion, he tried to save the family business and he was dealing with PTSD. He had documentation DA Form 1380s that would give him over 20 years of credible service and make him eligible for retirement. His request was denied by the Army citing that he should have addressed the issue within 3 years of knowing that his Reserve Points were missing. He has 16 years of credible service on his Points Summary. The person responsible for sending the DA Form 1380s failed to do so and the Soldier was told that the problem would eventually be corrected. He trusted the system to give him credit for the missing Reserve Duty points.
Submitted: 2 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that I have some not so great news for you on this issue. The statute of limitations in place for correcting retirement records is indeed 3 years from when you knew or should have known about the mistake. However, if you did complain about the mistake at the time of the discovery and they claimed it would be taken care of (which is essentially what you said above) and they did not do so and now the Board of Review has denied your claim, you have only one final recourse and that is you need a local attorney and must file a complaint with the US Court of Federal Claims to appeal the denial of your points after they claimed previously it would be fixed upon your retiement and it was not eventually corrected as they told you when you complained. The court may still uphold the statute of limitations though, since you did not keep up with this matter and insure it was corrected within the 3 years, so that is going to be the tough part you will have to prove good cause for not doing so to convince the court you had every reason to believe it was corrected.

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