Legal Question in Military Law in Florida

Denial of Military Retirment

I am a USAF active duty Colonel stationed at Eglin AFB, FL, who reaches 20 years total active duty military service on 2 July 2005. I have applied to retire on 1 Sept 2005, but this was denied by AFSLMO (Air Force Senior Leadership Management Organization, D.C.). I have applied three times: 1., Under the Phase II Force Shaping Program, 2., As a retirment in lieu of PCS, and 3., Under the LADSC waiver program and have been summarily denied all three times. You see, I have taken a bonus called the MISP and the CSRB as a radiologist/physician with a ''committment'' to 2009. But, my retirment is being denied even though I have 20 years due to these bonuses. However, the bonuses are only paid annually, and I have not yet gotten the remaining three years of the MISP. Also, under force shaping Phase II, all bonuses can be waived, even CSRB. If the bonuses are not waived, the USAF can simply re-coup the portion of bonus they believe I may owe. So my question is: Does AFSLMO/USAF have the legal authority to deny my request for retirement at 20 years 2 months of qualified service despite the fact that I can retire, there are legal means to allow me to retire, and I will pay back any un-used portions of multi-year bonuses that are not waived?


Asked on 5/26/05, 8:12 am

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Denial of Military Retirment

Sir,

I am an AF Reserve JAG presently in an "inactive" status due to lawsuits against the SecDef. My private practice is about 90% military related. Check my website at: http://www.donaldgrehkopf.com/

Your situation is quite complicated, especially since you are in the Medical profession. First, do you have a "regular" commission or a Reserve commission? Different rules/laws apply. Second, I am presuming that you want to preserve your retirement benefits, otherwise you probably wouldn't have stayed until the 20 year point.

I am going to be in my office late this evening [I have a client on the West Coast to deal with] so, if you get this message, give me a call anytime that is convenient for you, (585) 454-2000 X12. If you get my v/m, it's because I'm on the telephone and I will call you back. If you get this before 1700 today, call and tell the receptionist, "This is Colonel __ from Eglin AFB, and Don is expecting my call..." No charge for this consult.

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Answered on 5/26/05, 12:07 pm


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