Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I am a navy reservist that was, as stated in my orders, "involuntarily

recalled to active duty" and...
I am a navy reservist that was, as stated in my orders, "involuntarily recalled to active duty" and received orders for over 1 year, including 330 days in Djibouti, Horn of Africa. After my orders expire in just over 1 year, I will be involuntarily released from active duty. Am I therefore entitled to Involuntary Separation Pay?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 17 minutes by:
5/26/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, do you have 17 or more years of active duty?
Ask Your Own Military Law Question
Customer reply replied 4 years ago


No sir, total military 11 years 3 months with 8 years 2 months of that active. Regards, Russell

Thank you sir

As a reservist, if you are under orders and have less than 18 years of active duty, the orders can be terminated at any time by your command. There is no right to separation pay for a person on active duty as a reservist.

It is different for someone on active duty (not a reservist). For an active duty sailor (again, regular contract, not reserve) if they have more than 6 years on active duty, they can not be separated prior to their end of contract without a hearing. And they may be eligible for separations pay if they are separated early or refused reenlistment. But this only applies to a Sailor who is under an active duty contract.

Now...there is one exception to this. A reservist who is activated and is on active duty with over 18 years of active service can not be separated or have their orders terminated prior to reaching 20 years of active duty. This is called "sanctuary". But it only applies to reservists who reach that magic 18 years of active duty mark.

In your case, since you have less than 18 years of active duty and since you are on a reserve contract, they can terminate your orders at any time.

Sorry to have to bear bad news
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Mr. Simmons, thank you for replying.


 


It's not necessarily bad news, it's kind of what I expected. Just thought it wouldn't hurt to ask. Also, I apologize for my late replies; this is due to the time diff between you and here in Djibouti.


 


Thanks again,


 


Regards


 


Russell Farr

Thank you sir.

Best of luck

Phil
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
35,690 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,690 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I was divorced from my Navy husband in 1986 in California.
I was divorced from my Navy husband in 1986 in California. We were married for 10 years and 8 months. He was a reservist at the time but had also done four years of active duty. He retired after 40 pl… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
My daughter is in the Navy and has an outstanding record.
My daughter is in the Navy and has an outstanding record. She made Chief in Sept. She is stationed overseas. She went out with an E5 to shop for a dress for a special event. They had been friends for … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
This may or may not apply to military law but at this point
This may or may not apply to military law but at this point I have to start some where. My daughter is currently deployed with the US Navy and her husband is missing in the state of California (wither… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I'm in the navy and am having issues fulfilling my family
Hi, I'm in the navy and am having issues fulfilling my family care plan due to changes within my caregivers. They have become unavailable to watch my daughter for the upcomind deployment in April. My … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I would like to know how to transfer from Active Duty Navy
I would like to know how to transfer from Active Duty Navy to the Navy Reserves. I seen a thread that attempted to answer this question on your site … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I am a veteran of the National Guard and Army reserves
I am a veteran of the National Guard and Army reserves during the late during the period … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I'd like to talk to Mr. about leaving the Navy Reserves and
Hello, I'd like to talk to Mr. Simmons about leaving the Navy Reserves and what my options might be (if any). … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I will be separating from the Navy in a year. This is my
Hi, I will be separating from the Navy in a year. This is my second enlistment. Will I have to do any reserve time after and/or is there a time frame where I may be recalled? … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Very depressed and want to get out of the navy. Stateside.
Was about to just looking up some things online before I did it so I didn't look like an idiot … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My daughter is in her 3rd week of Navy bootcamp. She was
My daughter is in her 3rd week of Navy bootcamp. She was told today that her initial drug test came back positive for HCG. She will be going to legal counsel tomorrow, the Navy is trying to discharge … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My son is in the Navy and is going to be separated in 2
My son is in the Navy and is going to be separated in 2 weeks which is just 3 weeks prior to the end of his 5 year contract. He wants to continue his career . He is being separated for failing his wei… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My son was separated at navy boot camp for an anxiety attack
My son was separated at navy boot camp for an anxiety attack 5th week. He sating they are telling him he wull be getting a r2 what are his options? … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
I have requested 6 months AAs in the Navy Reserves as I was
I have requested 6 months AAs in the Navy Reserves as I was in a work situation that required this. I have repeatedly asked and now am getting counseled by for not performing my drills. What can I do … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
Navy. going through a separation. BAH is 1700-ish, no kids
Navy. going through a separation. BAH is 1700-ish, no kids and in VA. We have a home together but I no longer stay, how much am I afforded to pay until divorce is finalized...? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am getting involuntary separated from the reserves due to
Hello sir, I am getting involuntary separated from the reserves due to unsatisfactory. Several hardships in my life made it difficult to be present at drill. My question is will I loose my security cl… read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My son is being separated from the navy with code 2307. He
My son is being separated from the navy with code 2307. He was told my medical and legal that he can re enlist but has to wait 6 months. Do you have any information on that? … read more
P. Simmons
P. Simmons
Military Lawyer
35,690 satisfied customers
My ex was in the Navy reserves then went active in
My ex was in the Navy reserves then went active in Afghanistan came back and divorced me and I don't know why. We where married for 24 years he was in his 16th year of service at that time. I was left… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I'm in the navy reserves. If the navy claims it made a
I'm in the navy reserves. If the navy claims it made a mistake and enlisted me, do they have to honor the contract I signed? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x