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I am a Navy Lieutenant (O-3) with 15 years in. I just

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Hello,I am a Navy Lieutenant...
Hello,I am a Navy Lieutenant (O-3) with 15 years in. I just received my first Failure of Selection (FOS) for the O-4 LCDR Board and heard about an opportunity to revert to enlisted to reach 20-years and retire. However, I have read conflicting guidance on how retirement pay is computed using this method:1) One story (See link: http://www.navy.mil/ah_online/ftrStory.asp?id=95866) cited a Navy LT thinking they would receive O-3E retirement pay only to find that this was not true. 10 USC 1407 paragraph (e) was highlighted which states:(e)Limitation for Enlisted Members Retiring With Less Than 30 Years' Service.
- In the case of a member who is retired under section 3914 or 8914 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member's high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member.2) However, many military members (most of them Army) state on an informal blog (See link: https://www.rallypoint.com/answers/going-from-officer-to-enlisted-in-forced-retirement) they reverted and receive O-3E retirement.Wondering why there would be a discrepancy and if there are other factors that might be at play hear. Thanks for your time.
Submitted: 8 months ago.Category: Military Law
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Customer reply replied 8 months ago
Hi wondered if I submitted this correctly as I have not received any response. Thanks.
Answered in 9 days by:
9/21/2017
Military Lawyer: Attorney2, Attorney replied 8 months ago
Attorney2
Attorney2, Attorney
Category: Military Law
Satisfied Customers: 8,489
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. The issue with your question is in the additional links that you have provided. I can answer general question and hopefully get you headed in the right direction. We are a general information site. Let me provide a link for the terms of service. One moment please.

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Military Lawyer: Attorney2, Attorney replied 8 months ago

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Customer reply replied 8 months ago
Ok, does that mean that many of the people simply had incorrect information in the second link I provided?Also, where does it state within USC or other Service-related regulations that a service member can request their retirement pay be upgraded to O-3E after 30 years of service? Is that simply an interpretation of the USC I cited or is there another paragraph which defines the rules.
Military Lawyer: Attorney2, Attorney replied 8 months ago

I did not read the link your provided. I can take a look.

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Military Lawyer: Attorney2, Attorney replied 8 months ago
Ask Your Own Military Law Question
Customer reply replied 8 months ago
I don't believe my question is related to the new Blended Retirement System. I am at 15yrs of service and would be automatically grandfathered.
Military Lawyer: Attorney2, Attorney replied 8 months ago
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