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Recent Separation Incentive questions

I am being involuntary separated from the service due to the

I am being involuntary separated from the service due to the current drawdown. I am interested on appealing my case because i have no derogatory or bad evaluations from my supervisors. Do you think it will be possible to appeal and be retained in the service?

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US_JAG

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The state of Utah does not charge income tax on military retirement

The state of Utah does not charge income tax on military retirement pay. Are VSI payments considered retirement pay? In my case, I can not draw retirement pay until VSI is repaid.

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P. Simmons

Attorney

Doctoral Degree

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i had a approve early retirment from dept of the army it been

i had a approve early retirment from dept of the army it been over ten years can i still change my staus

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
i am looking for an expert in military retirement, specifically

i am looking for an expert in military retirement, specifically with respect to variable separation incentive plans.. According to military law ( as far as I can tell), in order to be eligible for my spouse's retirement benefits I must have been married for 10 years of active duty. The dates on his retirement benefits statement have him listed as "Active Duty from May 79-Oct 94" the second line, which designates his reserve time "Nov 94-Oct 95" lists three months of active duty and 9 months of credited reserve time... My question is whether or not the three months of active duty ( which he took as leave) are counted when totaling the amount of active duty time in which we were married...by the way marriage was from Jan 84 through Oct 2005. He retired from the reserves in 2009

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
Q Do I have any recourse to repaying the severance payment

Q: Do I have any recourse to repaying the severance payment I received now that I'm eligible to my RC annunity? I was involuntarily separated from active duty at the rank of Captain [failure to promote] in 1988 [at the front end of the major RIF that took place from 1988 - 1992]. I received a $30K [before taxes] separation/severance payment. I joined the Army Reserve shortly afterward and served for 19 years until my MRD in Jan 2005. I was only 56 and not eligible to receive my reserve pension until Jan 2009 which is significantly less than my AC constituents. In mid April 2010 I received notification from Defense Finance Accounting Service that they were about to deduct $1500.00+ from my pension until they had recouped my $30K severance payment I received over 20 years ago. The letters acts as if I am receiving a full AC annuity, not the reduced RC annuity. The letter states in another paragraph recent changes in the law reducing my repayment to 40% of the original amount.

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JAG Defense

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LL.M.

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I would like to determine if the % of payback for Voluntary

I would like to determine if the % of payback for Voluntary Separation Incentive (VSI) can be reduced or modified from the espoused 100%. I am going to apply for Reserve Retired pay having mety the requirements (20-year letter and 6998 points, also well past the age of 60 (67). I can find nothing that even alludes to reducing the computation. If I retire now, I will receive 6-years back pay, about $339K. However my 100% payback is $359K.

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
My question concerns VSI recoupment. In short, I retired as

My question concerns VSI recoupment. In short, I retired as an officer from the Navy in 2006, I have been recieving VSI payments from 1992 until present resulting from service in the Air Force. Just yesterday, I recieved a letter from DFAS informing me that they are recouping the amount of VSI I recieved (76K) from my retirement pay. I looked at Enlisted Voluntary Separation Incentive Agreement I signed when I exited the Air Force in 1992, and indeed (I did not relaize this belive it or not) it does state that I have to pay back the VSI. My question is, do I have any recourse at all? I have been recieving this payment for over 16 years. I have been retired for two years, and now all of the sudden I get a letter in the mail stating that the Governement is going to take $1,447 a month out of my retirement. This could greatly affect my ability to maintain my financial obligations. Any advice would be greatly appreciated. Thanks, XXXXX XXXXX

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
Is this a real person or an automated service? Right. So i'm

Is this a real person or an automated service?JA: I'm the Military Lawyer's Assistant. I work with them to help customers like you.Customer: Right. So i'm looking to get a voluntary discharge but i'm unsure on how to go about it.JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: I've spoken with one of my NCO's about it but he just told me what I figured i'd hear. "Suck it up"JA: Anything else you want the lawyer to know before I connect you?Customer: I'm depressed and haven't talked to anyone about it because I know nothing they say will change it. I'm tired of being in the army.

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
Mr., We talked previously. I am currently an AIT soldier who

Hello Mr. Simmons,We talked previously. I am currently an AIT soldier who is suffering from severe depression and have been recommended a discharge from multiple psychiatrists, and just recently signed my counseling statement and flag notice of initiating a separation. My commander said it will get sent around for signatures and it's all up to the battalion commander at this point. My question is how likely he would be to say no and why he would do that? As well as how long this process should take at this point? My anxiety is killing me at this point because my mind is instantly assuming the worst possible outcome and I simply need some assurance. Thank you very much.

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
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