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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19307
Experience:  Lawyer and current JAG officer.
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My name is ***** *****. I am currently serving active duty

Customer Question

Customer: My name is ***** *****. I am currently serving active duty Navy overseas and I would like to go into the reserves instead because of a sudden family update. What can you tell me about any options I may have??
JA: Thanks. Can you give me any more details about your issue?
Customer: well I got my girlfriend pregnant and I don't want to be around the world when she has the baby I want to actually be there for this child as much as I can So I was trying to find out about switching from active to reserves.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Military Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Well I'm just looking for an answer I'm not really looking to post a conversation on your website sir... I was just wondering about it...
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Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

There is no real mechanism creating a right to switch from active to reserve status. This is because they are technically two different entities that get their money from two different locations. Fiscal law makes them separate.

So, really what has to happen is that you have to be released early from your current active duty tour. Then, in a separate action, you'd have to apply for the reserves and they'd take into consideration your prior service.

To do this, everything will depend on what your current command decides. If they are willing to separate you early, given the situation with your girlfriend, they can certainly choose to do so as a "hardship." That being said, in the Navy people are kept away from their family on a regular basis, so your command certainly might not consider this a true hardship without some other evidence (like evidence of your girl friend having medical issues, or the baby having medical issues, or your girl friend having financial issues that would require your presence). If command is willing to separate you, then it can happen. If they are not, then you cannot leave active duty early in an automatic transfer to the reserves.