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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34256
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am trying to receive full involuntary separation pay from

Customer Question

I am trying to receive full involuntary separation pay from the US Navy. My career counselor has already sent all the paperwork to ISP for the Individual Ready Reserve. We received a letter back from the ISP coordinator today saying that I was denied IRR. That's ok. Acceptance is not a requirement for ISP (MILPERSMAN 1920-040). You are however required to apply for the IRR as a condition for receiving ISP. I meet all the criteria for full separation pay:
1) My separation evaluation recommends me for retention
2) My separation is involuntary due to HYT.
3) My separation is honorable.
4) I have served for 12 years.
Will I receive full separation pay? I was reduced to E4. Because of this I have to involuntarily separate due to HYT. There should be no issue right? I meet all the requirements since I am "retention eligible" according to my separation evaluation. My separation date is October 20, 2015. Is there a deadline to obtaining this payment or a timeline for determination?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I agree with you. If the basis for separation is HYT, you have served more than 6 years, have applied to the IRR and are receiving an honorable discharge you will rate seps pay. There is no reason for them to deny. IF they did? You could hire a lawyer and sue to force them to pay...but by regulation you rate full seps pay.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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