Your name wouldn't happen to be Edward Mitchell, would it? (That particular case has been wending its way through the legal system for a decade, alas some portion of it are unpublished). If not, that case is illustrative of just how tricky thing can get when retirement is at issue.
quote:
Apparently unbeknownst to any of the participants in the process, appellant’s eligibility for pay under Air Force personnel regulations was dependent upon the timing of his trial. Had appellant begun serving his confinement after September 19, 1994 -- the date on which his enlistment extension became effective -- the pretrial agreement would have been implemented in the manner anticipated by the participants, which would have resulted in a monthly allotment for his family. His confinement began 5 days earlier, however, on September 14, 1994. Under Air Force personnel regulations, the enlistment extension could not take effect while appellant was in confinement, even with an approved extension. Para. 14-17a, Vol. I, Air Force Manual 13-130. The result was that the enlistment extension did not go into effect. Appellant's unextended period of enlistment ended, and his eligibility for pay -- the condition necessary for provision of an allotment to his family -- was terminated.
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