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At 19 years 8 months of service can the military take your…

at 19 years 8 months...
at 19 years 8 months of service can the military take your retirement for misconduct
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Answered in 4 minutes by:
2/2/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,627
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, they can though it is fairly difficult to do. Having that much service does not insulate someone from a court martial or an administrative discharge that can take away the right of retirement. It's just that, in either situation (court martial or an administrative separation), the members that are making the decision about separation will be able to take into consider the long good service and whether the seriousness of the alleged offense actually justifies separation (and a forfeiture of military retirement). While it is seen as a collateral loss, it is still something members will understand and take into consideration.

If one is administratively separated, the separation has to be reviewed by higher level authorities who can choose to allow retirement in lieu of separation.

All that said, yes it is absolutely legally possible.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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I see that you submitted a phone call request just now, however the payment for that is being rejected.

I'd be happy to set up that call; however, I cannot with the payment being rejected and it must be set up through this system. If you'd rather address your question here, that's fine. Use REPLY and I'll address any follow up questions you have, without the need for additional payment.

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Customer reply replied 2 years ago
Mr. Allen,
Yes,,, my CC contacted me and ask for my CC# ***** I only have a cell phone and don't enter vital data over it. My question is fairly simple.
1. Once you reach 20yrs is a solider guaranteed a retirement ?
2. If a BOI finds for separation before the 20yr mark, but the review by HRC doesn't take place till after the 20yr mark, is the solider guaranteed a retirement OR does the BOI findings have to come after the 20yr mark.
3. In what AR Regulation and sections may I find this information.AKA: If I'm guaranteed the retirement after 20yr regardless of the BOI findings,,, I'll fight it,, but if they can still take it away after the 20yr mark I would be safer submitting Retirement in Lieu of investigation.v/rMike
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,692
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Mike, different expert here. Are you still looking for help on this?

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Customer reply replied 2 years ago
I would like you to answer the question:My question is fairly simple.
1. Once you reach 20yrs is a solider guaranteed a retirement ?
2. If a BOI finds for separation before the 20yr mark, but the review by HRC doesn't take place till after the 20yr mark, is the solider guaranteed a retirement OR does the BOI findings have to come after the 20yr mark.
3. In what AR Regulation and sections may I find this information.AKA: If I'm guaranteed the retirement after 20yr regardless of the BOI findings,,, I'll fight it,, but if they can still take it away after the 20yr mark I would be safer submitting Retirement in Lieu of investigation.v/rMike

Thanks

I am willing to chat on the phone about this. I have plenty of experience in this area

There is a $5 charge for that. Let me know if your are interested...ifnot, happy to opt out and allow others to assist

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,692
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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