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Currently my husband is in basic for the army, he really

currently my husband is in basic for the army, he really doesn't like it and he wanted to know if there was a way to go from active to reserve? He just doesn't think active is for him.JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: No not yet at least i don't think he has, I haven't had a lot of contact with my husband since he has been there.JA: Anything else you want the lawyer to know before I connect you?Customer: No i don't think so

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P. Simmons

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I am a major/O-4 in the USAR (with prior active duty service

I am a major/O-4 in the USAR (with prior active duty service as an officer) and am being accessed into the AGR program. I plan on staying in until my MRD, but when I calculated my total number of active federal service points at the time I hit my current MRD, I will have roughly 19.3 years of active federal service time. My questions is what authority or regulation exists that will permit me to remain on active service to reach 20 years and qualify for regular retirement (immediate pension)? I have been advised that the sanctuary program (i.e., 18 year lock-in) does not apply to AGR officers. Any advice or insight would be most appreciated.

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P. Simmons

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Doctoral Degree

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I spent 6 yrs in Alabama NG. 1966-1972. How much time /

I spent 6 yrs in Alabama NG. 1966-1972. How much time / active duty do I need to qualify for some if any veterans benefits?

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P. Simmons

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I am looking for information regarding an early separation

I am looking for information regarding an early separation from the Army Reserves. I have 3 years left on my second enlistment. I want to start a family and pursue a civilian career and am struggling to stay motivated in the military.JA: Are you overseas or stateside?Customer: Stateside.JA: Have you talked to anyone in the chain of command about this?Customer: Not yet. I wasn't sure how to even initiate the conversation or what to expect to come from it.JA: Anything else you want the lawyer to know before I connect you?Customer: I have served honorably with some struggle in PT. I'm an E-5 in Utah.

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P. Simmons

Attorney

Doctoral Degree

38,310 satisfied customers
I am a 1LT in the Army Reserve on Active Duty. I was

I am a 1LT in the Army Reserve on Active Duty. I was notified by DA 4856 that I had been flagged for adverse action because of a 15-6 investigation for two counts of time and attendance fraud and one count of DTS fraud. This was the first notification that I had received that I was under investigation. When I asked the battalion commander what events precipitated this investigation, he refused to answer. He also refused to answer the regulations that I am accused of breaking. I need to know what my rights are in this process and if the Commander is authorized to flag me with just a DA 4856. Also there has been no investigating officer assigned.Furthermore, this is occurring in the midst of my abuse of authority IG complaint against the Commander initiating the 15-6 investigation which began prior to the announcement of the investigation.

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P. Simmons

Attorney

Doctoral Degree

38,310 satisfied customers
I have just transitioned from active duty Marine Corp to

I have just transitioned from active duty Marine Corp to civilian and have orders for marine reserves. I joined the marines while in Ohio. I am currently residing in Texas, moving here from Camp Pendleton, CA 1 month ago. my spouse and I have decided to divorce and I plan to file here in Texas. Because I was discharged out to Texas would Texas be considered my home state status and did I immediately become a resident of Texas or do I have the same waiting period of 6 months to establish residency?JA: Have you talked to anyone in the chain of command about this?Customer: No, I have no one to contact. I had 40 days of terminal leave, so I have been in Texas for approximately 4 weeks.JA: Anything else you want the lawyer to know before I connect you?Customer: I dont believe so

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
Have a reservist who has been married over ten years but

Hello,JA: Hi. What is your issue regarding?Customer: have a reservist who has been married over ten years but there was a civilian break. Trying to determine if the 10/10 rule will be satisfied. Married in month two of a year where he received 1 year of qualified service. Similarly will be divorced toward end of a year when he will receive a qualifying year. If both those years are included the 10/10 rule will be satisfied. How does DFAS consider that calculation. Does it look at points accrued in the retirement year during the marriage or does it simply consider if the marriage is within a qualifying year at the end of the retirement year?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Have you talked to anyone in the chain of command about this?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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P. Simmons

Attorney

Doctoral Degree

38,310 satisfied customers
Wow, I wasn't expecting to be able to talk to someone,

Wow helloJA: Hello. How can we be of help?Customer: I wasn't expecting to be able to talk to someoneJA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: My situation is complicated, i was a prior service 68w (medic) when my IRR time of 5 years was almost over i was contacted by a retention NCO. I reenlisted once and extended twice in order to get a 68c nurse training position in the army reserves. The first retention NCO told me one thing, the unit told me another, long story short I have already signed up for 1.5 years beyond what the original NCO told me I would have to. The clear understanding that I had with my unit now is I need 24 months post graduation to get the 68c slot. I did this. When I went so 68c training I completed phase one with a 94%. Then in phase two it is brought to my attention that I need 31 months post graduation in order to get the training. I already have plans and obligations for humanitarian volunteer work in 3 years after ETS from the military. I declined to extend a third time. This caused my chain of command to get angry. They threatened that if I did not extend they would discharge me since my medic MOS is not current. They do not deny they sent me under the impression that I only needed 24 months post graduation, my Captain did try to send up an exception to policy memo but it was shut down by someone higher in the chain of command. I Try to email and text as much as possible in order to keep a record of what is said. My chain of command claimed that they will have no choice but to separate me since they are on fight 2 night status. I have done nothing wrong, No one disputes they told me 24 months post grad. Regardless the 807th discontinued my training and I'm now back. My 1SG said we will talk more on our next drill day. From What they have said they will separate me. I still have almost 3 years left which is almost a full enlistment for a brand new soldier who hasn't even had bct so this fight 2 night excuse makes no sense, they could reclass me as anything, cook, truck driver. They were threatening me with separation to bully me into extending my enlistment again. As far as I know they still intend to separate me. What do I do?

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P. Simmons

Attorney

Doctoral Degree

38,310 satisfied customers
I have been in the Army reserves for over 3 years with no

I have been in the Army reserves for over 3 years with no missed drill dates. Prior to a drill weekend I was contacted by my squad leader asking if I would be attending drill. I communicated that I would not be there but could be there this month when convenient to take a PT test and make those days if allowed. I understand that my unit may not allow me to make up lost days and that will receive an "unauthorized absence" for the drill days I missed. The squad leader acknowledged my response and the next morning I received a text message from the Platoon Sergeant that I would receive a negative counseling statement for being AWOL. We have several soldiers, officer and enlisted that never show up because of special privilege. I know this because when I've mentioned it to other leaders and it was swept under rug. I am willing to take the consequences but wow, talk about bringing a gun to a knife fight. Is an AWOL counseling authorized in my situation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
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