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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My husband had over 18 years military service in the MDARNG.

Customer Question

My husband had over 18 years military service in the MDARNG. He was involuntarily discharged for failing a drug test. The only drug test he ever failed his whole military career. Anyway I may be interpreting it wrong but 10 U.S. Code 1176 retention after 18 years of completion cannot be discharged until they have their 20 years. Is this true?
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Yes and no. There is a provision for rentention once a service member has reached a certain number of years; however, a person can be separated at any time for misconduct.

Of your husband was discharged after having an administrative separation board, there is no "safe harbor" for retirement purposes.

Thank you for your question.

Expert:  Peter Griesch replied 1 year ago.

If you have any further questions, I'd be happy to assist.

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Thank you.

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