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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14507
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was involuntarily separated in 1988 at the rank of Captain

Customer Question

I was involuntarily separated in 1988 at the rank of Captain (promotion failure), and received $30K separation pay. The enclosure to my notice of separation stated that separation pay was subject to repayment if I later qualified for Federal retirement. Repayment would be prorated - if I retired with a total of 20 years federal service, I would have to repay 55% for the 11 years of AD service for which I received separation pay.

I recently began receiving DVA disability pay, some of which was retroactive to my separation date. DVA has withheld the entire amount of separation pay.

As I read it I should not yet be required to repay my separation pay, but if I am required to repay it should be at most $16,500
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Captain I read the regs differently than you...why is it you believe you only must pay a portion of that severance pay?