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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34753
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm going on 18+ years of service in the Navy, I did 11

Customer Question

Hey I'm going on 18+ years of service in the Navy, I did 11 years active duty got out & went into the Navy Reserve. I have done 18 month Individual Augmentation Mobilization to Afghanistan from the end of 2011 to December of 2013 as of 11 May 2017 I will have 19 years. What I want to know is there a sanctuary for Navy Reservist with 18 years in till retirement? I have failed 2 PRT weigh in's already they waved one under the new Navy instruction you only get 2 failures in 3 years under the new Navy instruction. I know the Army and Marine Corps offer their warriors sanctuary to where they cant get administratively separated out for such things after 18 years. Does the Navy offer the same and if so where can I find the Navy instruction??? Any help would be greatly appreciate thank you for any help in advance... Very Respectfully HM2(FMF) Ogle Knowle A
JA: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of right off hand...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

There is Navy comes from Title 10. But you mention reserves...are you active duty or reserves?

Customer: replied 1 year ago.
I'm a Reservest now, but I did 11 years Active duty from 1999 to 2010.
Expert:  P. Simmons replied 1 year ago.

There are two separate types of "sanctuary"

One is for regular members (active duty) and the other is for members of in a reserve component on active status.

This law (found at 10 U.S. Code § 1176) protects both reserve members in an active status AND active duty members.

You can see the law here

However, if you are no in an active status? It will not apply to you.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that sanctuary would apply, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.

Customer: replied 1 year ago.
As an active Full Time Support Status, or just actively drilling your 2 days a month, & 2 weeks a year???
Expert:  P. Simmons replied 1 year ago.

It only works if you activate Title 10. It will not apply to a reserve status (1 weekend/mo 2 weeks/yr)