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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19095
Experience:  Lawyer and current JAG officer.
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Moring, I was wondering is there anything out there law wise

Customer Question

Moring, I was wondering is there anything out there law wise that protects military members who have over 18 years of active duty service.
JA: Are you overseas or stateside?
Customer: I'm currently overseas. In PR.
JA: Have you talked to anyone in the chain of command about this?
Customer: I have and no one has been able to give me a definitive answer. That is why I am doing the research. I just found out last Thursday that with only 14 months left to reach retirement I am going to be separated.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you, ***** ***** all my facts together before I route up my request to remain on service until my 20.
Submitted: 6 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 6 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There are protections against separation without good cause. So, the military couldn't just decide to engage in a reduction in force and cause you to be separated.

However, if you were being separated involuntarily, if there is a legal basis to allow separation (like PT failure or misconduct, just as an example), you could be processed for separation.

You'd then have two other protections. First, you'd be entitled to a board hearing. You can present evidence, have an attorney and you can argue for retention with that board. Second, any separation ordered for someone with lengthy service is automatically reviewed at the Secretary level for your branch of service. Often, people are permitted to retire anyway, based on that review.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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