I am being notified that I'm being QMP'd. When I was first notified I was on the list I was 3 months shy of 15 years so not eligible for TERA. I differed SLC in early 2012, because we were in the process of adopting a child, then mid year busted my shoulder at work, had surgery in early 13 then durning recovery PCS'd to a station where I was the only one in my MOS. I was told many times when I tried to schedule training that they were only required to send me to 1 a year, that it was more important to have bodies for duties than go to training. My slot was changed from an E7 to and E5 within 4 months of being there, I contacted branch many times to be PCS'd over the 2.5 years to no avail- budget cuts, not moves under 36 months.
Though I do not have compilations of data to support it, anecdotally I am aware that people going through the QMP process because of failing to get training due to injury have been the most successful at being retained after the QMP process. You will need to gather as many memos and letters as possible from people attesting to the value in your future service, but also specifically addressing the reasons why you deferred SLC, that you were not shirking responsibility, that you were trying to put the needs of the service before your own. Fight the QMP process, then worry about your RE code. But understand that you cannot change an RE code without changing the underling reason for separation. For the QMP process, you can hire an attorney to help you or go to base legal to ask for their help. Best of luck.
I assume you have been working with your TDS counsel through all of this (or Legal Assistance) but you can certainly consult civilian counsel about representing you. Most of us here on AVVO offer free consultations. But without reviewing your file it is impossible to tell you how to proceed or what your chances are.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Do you have a chance? Yes. That chance is improved if you work with an attorney experienced in military law. If I were you I would also explore a Medical Retirement if your shoulder makes you unable to perform duties. If you are entitled to a MEB, it's far better than a QMP.
*NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is general information for educational purposes only. You should always hire a lawyer and reveal all the unique facts to get the best answer for your unique situation. Answering this question on a public forum does not create an attorney-client relationship.
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