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Military Involuntary Separation

What is an involuntary separation?

Involuntary separation is when an officer is involuntarily discharged from the military. Individuals may be given certain benefits when they are separated involuntarily from the forces. One needs to understand what these benefits may be and under what circumstances would one qualify for them. Experts have answered below some questions regarding involuntary separation.

For how long should an individual serve in the armed forces to be eligible for the involuntary separation pay?

An individual may have to serve for a period of 6 years in the armed forces to be eligible for involuntary separation. This requirement may not be waived. However, an individual may not get the pay if they haven’t served for a minimum period of 6 years.

Would an individual be eligible for separation pay if they served for more than 6 years in a reserve unit?

If an individual served in the reserved unit for more than 6 years, in many cases the individual may not be eligible for separation pay. They may have to have served in active duty in order to get separation pay.

Would a service member get involuntary separation pay if the individual was discharged for misconduct?

Often, a service member may not receive separation pay if they were discharged from the forces for misconduct.

Under what circumstances would an officer qualify for involuntary separation pay?

An individual may qualify for involuntary separation pay under the following circumstances:
• He/she serves active duty for a period of minimum 6 years
• He/she receives either honorable or general discharge from the forces
• He/she is separated involuntarily from the forces either due to denial of re-enlistment, denial of continuation of duty or a full time National Guard duty
• He/she has a written agreement with the military that he/she will serve in the ready reserve for a minimum period of 3 years after he/she is separated from active duty.

What amount would an individual receive as separation pay if they have served as an E-4 in the Navy for a period of 8 years?

If an individual served as an E-4 in the navy for a period of 8 years, he/she may get an amount of $21,298 as separation pay.

Would an officer receive involuntary separation pay if she was separated from the military due to a pregnancy?

A separation from the military due to a pregnancy may be considered to be a voluntary separation. Hence, the officer may not receive any involuntary separation pay.

How much time would the army have to give an individual his/her separation pay?

There may not be any statute of limitations on the separation pay that is to be paid to an officer. However, unless there is any dispute or issue with the pay, it may be given along with the officer’s final paycheck.

Would an individual get separation pay if they were discharged because they failed to pass the PFT?

If an officer is discharged for failure to pass a Pulmonary Function Test (PFT), he/she may not be eligible for the separation pay.

You may either be eligible for all the benefits or some of the benefits of involuntary separation depending on your situation or experience in the military. Considering the different rules and conditions of the military, it can sometimes get tiring and confusing to figure out what constitutes involuntary separation and whether you would be eligible for its benefits or not. You may speak to an Expert if you have any questions or need any kind of clarifications about involuntary separation.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11985
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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