Expert: MARK A. HOWELL - 11/9/2010

Question
Hello Mark,
I am an active duty Chief in the Navy and i was recently denied reenlistment because of a DUI i recieved last year that i failed to report to the command. I have 17+ years in now and i was not admin separated as part of the punishment but i am just being denied transfer/reenlistment months after the CO's njp. So it looks like no retirement for me but since i wasnt admin sep'd should i be entitled to full(10%) of involuntary sep pay? Cause all i can see them putting as a reason for reenlistment denial is basically loss of confidence as a chief i guess cause i was qualified in every other aspect to reenlist except the skipper said no. And should this an Honorable discharge still cause i cant see why it wouldnt since i wasnt booted for my charges. Thanks for your help in this matter.  Brian

Answer
Chief,
From what you've stated you should indeed be entitled to full involuntary separation pay.  This is in accordance with DOD Pay Regulation, Volume 7A (Active Duty & Reserve Pay#, Chapter 35 -- Separation Payments.

Also,it should indeed be Honorable.  The type of discharge is based upon your entire time in the Navy, not just one incident.  And, like you said, you're not being discharged because of conduct, etc.

Since you're that close to retirement, I believe I would go join the Coast Guard or join the Reserves for 3 years.  Your Total Active Federal Military Service #TAFMS) is all that matters.  Any retirement is better than nothing.

I'm sorry this had to happen to you, but hang in there and finish out your 20 somewhere else.

Thanks for your service.
Colonel H