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If the military retired me erroneously while in a line of…

Customer Question
If the military retired...

If the military retired me erroneously while in a line of duty status for injuries, does constructive service apply if no benefits were paid in the LOD status?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes.

Submitted: 10 months ago.Category: Military Law
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Answered in 1 minute by:
10/4/2017
Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,420
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Some context may help...what is going on?

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Customer reply replied 10 months ago
I was released from active duty and placed in the Line of Duty program 14 months later. Before I was able to get incapacitation pay, the service retired me. There was no medical evaluation board board at the six month period nor pay.
Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago

Thank you

So you were a reservist? On active duty

And retired how? Medically? For years?

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Customer reply replied 10 months ago
Reservist released from active duty. Retired 22 years. No medical retirement. I refused to sign the DD214 because I disagreed.
Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago

Ok...I am still unclear on this...Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal additional charge ($5). I do not time my phone calls...we can converse until you receive the information you need.

If you are unwilling to speak on the phone I will opt out of this question and allow others to assist, if they are willing.

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Customer reply replied 10 months ago
I'm unwilling to speak on the phone. Could you get someone else to assist?
Military Lawyer: P. Simmons, Military Lawyer replied 10 months ago

I will opt out...perhaps someone else will spend time with you. That I have no control over.

I wish you the best

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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.

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