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Blake
Blake, Lawyer
Category: Military Law
Satisfied Customers: 44
Experience:  Counsel at Warningstar Intelligence
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I received a QSP Discharge in force from congress on

Customer Question

I received a QSP Discharge for reduction in force from congress on 20150528. Means I done everything right but there is a reduction in force, I meet retention standards and I am entitled to Full Involuntary Separation Pay. I out processed through FT Carson 20150228, My effective date of discharge is 20160501. My Orders and everything stated full Separation pay except my DD214. I was told I would get my Separation pay by 20150521. 20150521 came and went by. I called DFAS they stated that I would have to talk to my finance office at departing station and they are showing Half Separation Pay Pending payment. I talked to Finance office Supervisor and she said that I should get Half as soon as I get my DD215 even though I have a DD214 which states Half on Separation code JGH. She said I should get my pay around 20150531 for half and they will have to submit corrections for the other half and total service miscalculation in accordance to the DD 1506. Then I would receive the other half a few months later. So 20150601 I called Finance Supervisor she said all payments are on hold until they receive the DD215 with corrections and the person in transitions that does the corrections is sick all week and wont be in until 20150607. I submitted a ICE Card on performance then Internal Control got involved and never responded back. I got a hold of the person in transitions that does the DD215's and she said it could take anywhere from 6 to 90 days for this to come back from HRC. What can I do legally to get this ball rolling, all the broken promises and missed timelines has me in distress? It has devastated my plans on buying a home and put my family and I in a undo hardship. Three tours of deployment and over 1500 days deployed was never as stressful as this exiting the military on honorable conditions. specially since putting in 12 year 11 months on active duty and 3 years and 8 months in the reserves. I also am in the IRR for another 3 years. I never thought it would be so difficult exiting. Please advise what I can do to expedite payment for my honorable service?
Submitted: 1 year ago.
Category: Military Law
Expert:  Blake replied 1 year ago.

Hello, my name is***** am a practicing attorney in New York City. First of all, I would like to thank you for your service to our country. I am truly outraged to hear that you are having so much difficulty getting what you rightly deserve.

I have worked with veterans in several places, including Yale Law School's Veterans Legal Clinic. Unfortunately, speaking from experience, this kind of difficulty in dealing with the bureaucracy surrounding veterans' services is not unusual. This is unfair and it is shameful, but it is a reality that many veterans in our country have to deal with.

The good news, however, is that there are also many excellent legal resources available to veterans for free. It sounds like you have been doing an admirable job of following up and making phone calls to try to move this process forward. Your next step, however, should be to reach out to a free legal clinic in your area that handles veterans affairs. You should be sure to mention to your free lawyer that you want to receive all of the pay that you are entitled to, including any potential back pay and interest for the period starting from the date that should have first been receiving your pay. If this situation has caused you so much stress that you actually have incurred medical bills, you may be able to sue for those bills plus pain and suffering - but that is something you should discuss with your local lawyer because the information you provide here is not privileged, and I doubt you want to discuss your medical records outside of a privileged conversation.

Here is a link to free legal resources for veterans in Montana: http://www.americanbar.org/groups/committees/veterans_benefits/pro_bono_resources_for_veterans/montana.html

I strongly encourage you to reach out to these resources as soon as possible. If there is any way to speed up this process, a local lawyer will be best equipped to get it done for you.

Thank you again for your service, and I truly wish you all the best in this matter.

_____________________________________________________________________________________________________________

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Expert:  Blake replied 1 year ago.

Hello again, I am just following up to make sure that you were satisfied with the answer you received. If there is anything more that I can do to help you with this, please let me know.

If you were satisfied with the answer you received, however, I would like to ask you to please press the “accept” button now so that I may be given credit for the service I provided you.

There is no additional cost if you press the “accept” button, but if you do not press it, then the website will keep all the money you have already been charged and will not share it with me.

Once you press “accept” and leave a positive rating to this answer, this question will lock open and you will be able to return here at any time to ask me follow-up questions for free, which I will be happy to answer.

Once again, if you are unsatisfied with the answer you received for any reason, I would love to continue to help you until you have received the best possible service with this. Otherwise, if you feel that I provided quality service in this matter then please press “accept” now and provide a positive rating so that the company will give me credit for a share of the money that you have already paid them.

Thank you, ***** ***** a great day.

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