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Thread: Dh's involuntary separation pay is wrong (?????)

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    #1

    Dh's involuntary separation pay is wrong (?????)

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    I think I hope someone here can help

    DH finally heard back about his DD214 and they said his involuntary separation pay will only be 50%. However, from my understanding of things, he should qualify for 100%. In this website 2012 Military Involuntary Separation Pay Charts -- Enlisted Members it says:

    There are two types of pay: (1) Full Pay and (2) Half Pay. To qualify for full pay, the member must be involuntarily separated, be fully qualified for retention and the service must be characterized as "Honorable." Examples would be separation due to reduction in force, or separation due to exceeding the high year of tenure.
    He had exactly (!! to the day) 8 years in, got out at E-4. He had honorable discharge.

    They also said they have to take LAST YEAR'S re-enlistment bonus out of it as well, which I totally don't understand because he was still active duty all of last year.

    So after 50% pay, with last year's reenlistment bonus and taxes taken out, we are getting....2500.

    Help? Does anyone know whether he should get full pay? And why they might be taking last year's reenlistment bonus out?
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    ok.. was he forced out due to high year tenure? and is he fully qualified for retention?

    And taking away the bonus makes sense because the bonus is usually contingent on them being able to go thru the enlistment in which the bonus was for. So, if he re-enlisted for 4 more years, but only served one of those 4, he 'owes' back the bonus...

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    #3
    Quote Originally Posted by TrishAFSpouse View Post
    ok.. was he forced out due to high year tenure? and is he fully qualified for retention?

    And taking away the bonus makes sense because the bonus is usually contingent on them being able to go thru the enlistment in which the bonus was for. So, if he re-enlisted for 4 more years, but only served one of those 4, he 'owes' back the bonus...
    Yes, he was forced out due to HYT. I think he's qualified for retention... he didn't fail a PST or anything.

    He served a little over 2 of his 3 years that were left on his reenlistment.... I guess they would take out the remaining several months worth but he was specifically told it was LAST year's bonus not sure why.
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    Nevermind. We cross-posted.
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    Well, if he got the bonus last year and he's already into year 3 of his enlistment, then that is correct. The 'final' check comes at the start of the final year. They would have taken that check, plus likely 1/2 of the half up front he received. They likely could be taking the entire bonus since he didn't last out his whole commitment.

    I am not sure what his bonus was, but if the final amount equals what they are taking out, then that makes sense.

    I am not fully sure what eligible for retention is, but that could be the deciding factor. If he tried to re-enlist and was denied, that would be considered ineligible for retention, thus giving him 1/2 pay.

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    Quote Originally Posted by TrishAFSpouse View Post
    Well, if he got the bonus last year and he's already into year 3 of his enlistment, then that is correct. The 'final' check comes at the start of the final year. They would have taken that check, plus likely 1/2 of the half up front he received. They likely could be taking the entire bonus since he didn't last out his whole commitment.

    I am not sure what his bonus was, but if the final amount equals what they are taking out, then that makes sense.

    I am not fully sure what eligible for retention is, but that could be the deciding factor. If he tried to re-enlist and was denied, that would be considered ineligible for retention, thus giving him 1/2 pay.
    Hm.... well it seems like they are taking out approx. 8,000....? Dunno how much taxes would be exactly so I just roughly calculated. That's definitely more than his last year's worth of bonus. I can't seem to figure out what eligible for retention is either.... The internets are giving me very confusing answers. I found one website that says if they don't try to reenlist, it's not considered involuntary, so they only get 50% separation, but I don't think DH (I could be totally wrong) was ever even asked if he intended to reenlist.
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    Quote Originally Posted by rocket_lizz View Post
    Hm.... well it seems like they are taking out approx. 8,000....? Dunno how much taxes would be exactly so I just roughly calculated. That's definitely more than his last year's worth of bonus. I can't seem to figure out what eligible for retention is either.... The internets are giving me very confusing answers. I found one website that says if they don't try to reenlist, it's not considered involuntary, so they only get 50% separation, but I don't think DH (I could be totally wrong) was ever even asked if he intended to reenlist.
    He wouldn't be 'asked' to reenlist for two reasons... his enlistment wasn't up yet and he was at HYT.
    I'm not getting very far with what eligible for retention is either... Its almost contradictory.. being at HYT makes you ineligible, so how can they pay full for invol due to HYT, but then have HYT cause for inelgibility??

    As far as the bonus.. when I do my searching, i'm finding a few different iterations, but most are at least 50% if not all, depending on how much time is left of the enlistment. You have to remember they also account for the 1/2 up front. So, if his bonus was $30K total, they gave him $15K up front (less taxes) and the remaining $15k over 3 years. So, since they've already paid him the full bonus (i'm guessing this is the case if he's already past 2 years of 3 year enlistment, means he is in his final year, and the check comes at the start of the year).. they are going to take 1/2 to 1/3 back.. so $10k-$15k back...

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    Quote Originally Posted by TrishAFSpouse View Post
    He wouldn't be 'asked' to reenlist for two reasons... his enlistment wasn't up yet and he was at HYT.
    I'm not getting very far with what eligible for retention is either... Its almost contradictory.. being at HYT makes you ineligible, so how can they pay full for invol due to HYT, but then have HYT cause for inelgibility??

    As far as the bonus.. when I do my searching, i'm finding a few different iterations, but most are at least 50% if not all, depending on how much time is left of the enlistment. You have to remember they also account for the 1/2 up front. So, if his bonus was $30K total, they gave him $15K up front (less taxes) and the remaining $15k over 3 years. So, since they've already paid him the full bonus (i'm guessing this is the case if he's already past 2 years of 3 year enlistment, means he is in his final year, and the check comes at the start of the year).. they are going to take 1/2 to 1/3 back.. so $10k-$15k back...
    Hmm okay. DH just called me on his break and said that the bonus was paid in 5 installments (?) and they're taking away last years to compensate for the fact that he still had 8 months on his contract. I guess. I also asked him if he knew why he didn't qualify for retention and he said he had no idea. He said when he signed the paperwork stating his intent to enlist in the inactive reserves, he was told he should qualify for 100% pay, but now they say only 50% with no reason. He's going to ask & try to contact his career counselor (the person who determines 50/100%) but his ship is out at sea, so it might be a while.
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    #9
    if he asked or requested to volunteer for reserves and he was denied his request then that would make him ineligible for retention.

    Not sure why they paid him in 4 installments for his bonus.. but yes, he owes them 1/3 (at least) of what he's been paid. Sounds like he received his entire bonus already, so he is for sure due them at least 1/3 of his bonus... so whatever the total amount was... he owe's 1/3 (if not more).

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    #10
    Quote Originally Posted by TrishAFSpouse View Post
    if he asked or requested to volunteer for reserves and he was denied his request then that would make him ineligible for retention.

    Not sure why they paid him in 4 installments for his bonus.. but yes, he owes them 1/3 (at least) of what he's been paid. Sounds like he received his entire bonus already, so he is for sure due them at least 1/3 of his bonus... so whatever the total amount was... he owe's 1/3 (if not more).
    He was told he had to go into the reserves to get the separation pay. He hasn't actually tried to enlist in them yet, he just signed a contract stating that he was going to. Here, from this website:

    Per OPNAVINST 1900.4; MILPERSMAN 1920-030, 1920-040, 1910-050 (Enlisted), and 1920-050 (Officer), as a condition of eligibility for involuntary separation pay (ISP) Sailors must agree to serve for 3 years in the Ready Reserve in addition to any other remaining service obligation. As a written agreement to serve, all Sailors eligible for ISP are required to sign a NAVPERS 1070/613 Administrative Remarks (Page 13) service record entry prior to separation from active duty as a condition of eligibility for ISP.
    Involuntary Separation Pay (ISP)
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