Can a CG active in 1995 with 18 yr , 02 mo , 13 days be discharged for Convenience of Government IAW MOR C 12 . G . 3 ?

Asked about 1 year ago - Oviedo, FL

In 1995 the CG first applied the High Year Tenure , at time there was no advancement in my rate , at no point I was counseled that I could have requested to be retired two months before been discharges , given a JBC SPD code , RE - R .

Attorney answers (4)

  1. William Emil Cassara

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . I don't think there is enough information here to answer your question. Your best bet is to have someone review the discharge paperwork to give you a more complete answer. It is unclear if you came on active duty in 1995 and are currently being discharged or were discharged in 1995.

  2. Gerald Richard Healy

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I agree with my colleague. Any military attorney is going to need more information to give you general (or specific) counsel on your matter. What I can tell you is the forum in which to make changes to your characterization of service or reenlistment code is a military review board. All military attorneys who regularly post on this forum have experience with discharge review boards. Call if you would like a free consult. v/r Gerry

  3. Philip Douglas Cave

    Pro

    Contributor Level 17

    Answered . This may be part of the question/answer.
    Over the years the Service's have had a "rule" that once you are in the 18 year plus window, you will be allowed to stay on active duty to make a 20-year retirement. However, that rule - "of special consideration" is discretionary only.
    Give Mr. Cassara a call.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Short answer is 'yes'--an individual such as you described CAN be discharged for HYT and COG.

    As other attorneys have noted, your specific situation would require a bit more detail and review.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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