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I am a 100% disabled (VA) Army Officer. I applied for the 15…

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I am a 100%...

I am a 100% disabled (VA) Army Officer. I applied for the 15 year disability retirement. This was disapproved, as my time was Active and Reserve duty. I was denied the 15 year disability retirement because (according) to about a 30 second discussion, that because I was IRR, when Activated to Active Duty. I just under 16 years of both Active and Reserve Duty. There was no disputing my time, over the 15 year time frame, but solely based on my being activated into the Regular Army from an IRR position. I did exceed the yearly amount points and believe the Army owes me the 15 year disability retirement. I need professional help as I was 60 4 years ago, and was told I would receive back pay if I could present my case an an appeals review board.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

My 15 year disability USAR, retirement was denied based of my being Activated from the IRR into Active Duty. There was no doubt or questions of my time, as I exceeded the last year by being placed on Active Duty. I exceeded the 15 year time frame, and fully believe I am due the disability retirement.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

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

No. The only contact was writing Ft. Knox, who denied the retirement, and said I would have to appeal their action. There was no dispute I went over 15 years (Active and Reserve). Their reason was I was Activated from an IRR status, which gave me much more time than a Reservist would have.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am 64 years old and started this when I was 59. I was told if I prevailed, I would be paid the back pay.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Who can represent me in an Action to correct what see as a wrong.

Submitted: 3 months ago.Category: Military Law
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Answered in 9 hours by:
4/2/2018
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,322
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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 3 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 3 months ago
Thank you,
There is a special Reserve retirement for members who have over 15 years. I had 15 years and 9 months. My disability is combat related and I exceeded the required amount of Reserve points. I was told I was denied this because I was Activated from an IRR status. Instead of Reserve Points, I was Active Duty and exceeded two years of good points. I don’t believe the IRR rule applies. Based on the retirement boards own finding that I exceeded the 15 year time frame.My option is to file an action with a board of corrections. I don’t know how to do this, which is why I am looking for legal representation.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Thanks
No one on this site can represent you...we can provide information. But can not "take your case"

Did you have questions regarding the process to apply for a correction to your record?

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Customer reply replied 3 months ago
Thank you, ***** ***** try this on my own.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

I wish you the best of luck

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