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Sidney75494
Guest
I am looking for a referral for a lawyer who has experience in military retirement law. Specifically, I was on active duty for 14 years 11 months 23 days. During this time I was found medically unfit for continued active duty, I was sent (from California) on "Orders to Home to Await Disability Retirement" (to Texas). Unfortunately I received a lump sum severance check for a disability discharge. I wrote Sen. Kay Bailey Hutchinson that day for her intervention. After about 6 months I received a reply that since I did not have 15 years I was ineligible for retirement. I applied to the Board of Correction of Naval Records. They also said that since I did not have 15 years I was not eligible for retirement. I resubmitted my request to them stating that it appears under federal law anyone who is within 2 years of being eligible to retire under any provision of law is to be afforded the opportunity to remain on active duty until eligible. I sent copies of my paperwork which reflect the counselor having crossed out this option stating I was ineligible. Additionally, I pointed out that I lost 32 days leave which could be credited towards the 7 days I was short in attaining 15 years. I received another denial from the BCNR today stating that I was not eligible for TERA and therefore they are not acting on my request. I was not some "dirtbag" sailor. I did my job well and received numerous awards documenting this fact: Sailor of the Year for 3 consecutive years at one command, 1 Navy & Marine Corps Meritorious Service Medal, 3 Navy Achievement Medals, 3 Silver Stars for Recruiting Support and several other small awards. Anyway, I feel like I've tried everything I can without taking legal action and am looking for a lawyer to represent me. Can this be a civil rights ADA case????
Thank you for any assistance you can provide.
Thank you for any assistance you can provide.