Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

A combat wounded Reserve Soldier was denied Reserve Duty

Customer Question
Performance that was not credited...
A combat wounded Reserve Soldier was denied Reserve Duty Performance that was not credited to him since he did not address the fact that his Summary of Reserve duty did not show his retirement points. The Soldier had severe extenuating circumstances that prevented him from addressing the issue. His father developed and died of cancer and shortly after his mother also died of cancer, he had to admit his sister to a psychiatric institutuion, he tried to save the family business and he was dealing with PTSD. He had documentation DA Form 1380s that would give him over 20 years of credible service and make him eligible for retirement. His request was denied by the Army citing that he should have addressed the issue within 3 years of knowing that his Reserve Points were missing. He has 16 years of credible service on his Points Summary. The person responsible for sending the DA Form 1380s failed to do so and the Soldier was told that the problem would eventually be corrected. He trusted the system to give him credit for the missing Reserve Duty points.
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 hours by:
9/30/2016
Military Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 119,493
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that I have some not so great news for you on this issue. The statute of limitations in place for correcting retirement records is indeed 3 years from when you knew or should have known about the mistake. However, if you did complain about the mistake at the time of the discovery and they claimed it would be taken care of (which is essentially what you said above) and they did not do so and now the Board of Review has denied your claim, you have only one final recourse and that is you need a local attorney and must file a complaint with the US Court of Federal Claims to appeal the denial of your points after they claimed previously it would be fixed upon your retiement and it was not eventually corrected as they told you when you complained. The court may still uphold the statute of limitations though, since you did not keep up with this matter and insure it was corrected within the 3 years, so that is going to be the tough part you will have to prove good cause for not doing so to convince the court you had every reason to believe it was corrected.

Ask Your Own Military Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 119,493
119,493 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,530 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am the spouse of a retired military (army) officer. We had
I am the spouse of a retired military (army) officer. We had a 40 year anniversary on May 21,of this year One month ago he left. He took the early retirement plan at 16 years of active duty service. I… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
The army conduct hiv test every year for soldier. If one
The army conduct hiv test every year for soldier. If one soldier pop up positive, would kick you out or at least alert you that you are positive. Or they let it be?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
I have been talking to an Army soldier stationed in Syria.
Hi I have been talking to an Army soldier stationed in Syria. He said his mother is sick and he needs to come home right away. He had me write an email to his general to confirm the situation that he … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received a transfer to the Retired Reserve in 1992. It was
I received a transfer to the Retired Reserve in 1992. It was stated that this would be withouot pay or allowances. I have a certificate of transfer. Am I eligible for TriCare, military ID card or comm… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I retired from the army,under TERA. I am to going to reach
I retired from the army,under TERA. I am to going to reach 64 years old in December 13. and i had not seeing a recomputacion … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I joined army reserves in 1971 thru 1976. I was trained as a
I joined army reserves in 1971 thru 1976 . I was trained as a combat engineer. I was injured during training mission building floating pontoon bridge across Mississippi River. I was put on active duty… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
My son was Army Reserve and passed away (2016) while
Hi,My son was Army Reserve and passed away (2016) while off-duty, but while enlisted as a Reservist. He completed BCT and AIT, transferred to his unit, but was never deployed and never Activity Duty (… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am writing on behalf of my wife (a retired Army Soldier)
Hello ma'am...I am writing on behalf of my wife (a retired Army Soldier) who has been utilizing her Post-911 GI Bill benefits to fund flight school training...in short, the VA has informed her school … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My finace' is retired from the army. He was in an automobile
My finace' is retired from the army. He was in an automobile accident. Just got out of military hospital. His friend is wanting to take him to Nigeria, where he is deployed.Can he do that. … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I am a female soldier in the Pennsylvania Army National
Hello! I am a female soldier in the Pennsylvania Army National Guard. I have been in the guard for a little over four years now. I had a baby boy in Febuary of this year. Throughout my whole pregnancy… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Can a retired soldier get a divorce at a military post. No
Hello! Can a retired soldier get a divorce at a military post. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,493 satisfied customers
Currently a member of the army reserves with a current rank
Hello my name is ariel ******. Currently a member of the army reserves with a current rank of sgt. I made a stupid decision and decided to smoke Marijuana. Ive been in a bit of a hardship for the past… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I do not want to go to drill anymore for the army reserves!
i do not want to go to drill anymore for the army reserves! i served my 4 years in active duty and i was in th\e IRR tilthis past may and i regret it and i am moving out of state in nov. what will hap… read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers
Got my IRR orders to transfer from my Army Reserve Unit in
Got my IRR orders to transfer from my Army Reserve Unit in September of this year. I informed my appropriate leaders through chain of command that I will not be attending AT this July because I'll be … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
As an enlistee in the reserves, can the army decide to
As an enlistee in the reserves, can the army decide to cancel my contract for some vague reason that's not my fault. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My husband retired in November 2016 from Army Reserves. He
My husband retired in November 2016 from Army Reserves. He also served in the Navy. He turned 60 on November 29, 2016. The command listed his paperwork as retired reserves which we were told was incor… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
If the Army is accusing a soldier of possessing the
If the Army is accusing a soldier of possessing the substance spice/k2 but the substance was proven to be non illegal/ not spice in the local county courthouse, and the store which is in the same coun… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x