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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34554
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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What type of discharge will I get for three PRT failures in the Navy

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I am in the Navy and have two PRT failures I would like to know what type of discharge I will get, do I have to pay back my SRB and will I still get to use my MGI Bill. I have been in for five years and this is my second enlistment. I have done one and half years of a six year enlistment. I am not planning on failing my next prt but i have been right on the verge of failing them or been waived from them due to tranfering commands or being on deployment. If I do have to pay back my bonus how does that work and does it affect my GI Bill thanks in advance for your help
Submitted: 8 years ago.
Category: Military Law
Expert:  P. Simmons replied 8 years ago.
If you are separated for failure of the PRT, it would likely be under this provision

Unsatisfactory Performance. A member may be separated when it is determined that the member is unqualified for further military service by reason of unsatisfactory performance. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Counseling and rehabilitation requirements are of particular importance with respect to this reason for separation. Because military service is a calling different from any civilian occupation, a member should not be separated when unsatisfactory performance is the sole reason unless there have been efforts at rehabilitation under standards prescribed by the Secretary concerned. The service shall be characterized as Honorable or General (under honorable conditions).

So, the characterization of your discharge will be important. If you receive a general discharge, you will not be eligible for for the GI bill. For this reason, you will want to work with your command to encourage them to recommend an honorable discharge. It sounds like you are well on your way for that

As to the SRB

Generally, if you've received an SRB (Selective Re-enlistment Bonus) and are discharged before your entire re-enlistment contract is up, you have to repay any "unearned" portion of the SRB.

For example, let's say you receive an SRB of $8,000 for a 4-year reenlistment. That comes out to $2,000 per year. So, if you receive the entire SRB, then only serve two years, you would have to re-pay $4,000.

BotXXXXX XXXXXne; if you fail again and the Navy separates you for this, your at risk of having to pay back unearned bonus pay and may risk your GI Bill. Good reason to make sure you pass

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.
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