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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118651
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My new husband will turn 60 in November and he will not hit

Customer Question

My new husband will turn 60 in November and he will not hit his 20 years until next June for retirement. He keeps getting the run around at his base in Texas. Can he qualify for an extension? He did serve overseas too.
Submitted: 2 years ago.
Category: Military Law
Customer: replied 2 years ago.
He is a dentist and had point for the 20 years, but the MRD is November of 2015. He just made colonel in the past 2 weeks.
Customer: replied 2 years ago.
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Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Pursuant to 10 USC 3921, the Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
So, your husband has to submit his request for waiver though his chain of command to the Secretary of Defense and ask for the waiver for good cause to allow him to make his 20 years since he is less than a year from his 20 year retirement. The command must justify the good cause for retaining him beyond the MRD and Secretary of Defense must issue the waiver approval.