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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 ?

Oviedo, FL |
Filed under: Military law

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. 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. 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. 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 question does not create an attorney-client relationship.


  4. 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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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