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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20393
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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A friend of mine was in the Army and then National Guard for

Customer Question

Hi, A friend of mine was in the Army and then National Guard for 20 yrs. He tried to get his pension and the way he figures he has the time and they are saying he is 1 day short. What recourse does he have? Can he do one day even though they are wrong and he has the time
JA: Are you overseas or stateside?
Customer: He is Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: He is also 70% VA disabled
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm asking him what year he got out. Waiting for an answer
Submitted: 5 months ago.
Category: Military Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question. To answer the initial question about serving one day to make up the alleged shortage in his service, that would not be possible. At this point, he needs to obtain all of his service records and his discharge certificates, which each will have the number of years, months and days of service during that certificates period and add up the time. If he still believes that he has 20 years of creditable service, and DFAS is not acknowledging this, then he has a couple of options.

The first option is to write to his Congressional Representative and supply them with copies of his documentation of 20 years of creditable service and his position on it and what he wants from DOD and see where that goes. The second option is to petition the Army Board for Correction of Military Records on a DD Form 149 for them to correct the records that show him one day short of creditable service.

Please feel free to ask for clarification if needed. If none is needed, then if you could let me know that I covered your question and also leave a positive rating in the ratings box on this page, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 17th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.