Legal Question in Military Law in Virginia

Obligated Service for Medical Professionals

In 2001 I signed a contract under Title 10 law for 4 years of training with 4 years of obligated service, following training. At that time if passed over twice for the rank of 0-5, during payback a service member could request separation. The law changed in june 2005. I now owe obligated service and have been passed over twice. I want to separate because I signed my contract under the old law, and would not have signed it. They are telling me I can't yet, the new Title 10 does not appear to be retroactive. Who can help with this?


Asked on 9/14/06, 10:06 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Obligated Service for Medical Professionals

Without having the actual statutory language to review comparing both versions of the law, it is really hard to give you an answer. Depending on your branch of service the situation may be different. An attorney who is near your base would be your best bet to get the straight answer. There may be ramifications, such as payback in money for training received versus time not spent. Sorry I cannot give a better answer without knowing the specifics including your contract of service.

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Answered on 9/15/06, 2:55 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Obligated Service for Medical Professionals

The prior answer was only partially correct. The first thing that needs to be done is to examine the "fine print" in your contract - most (but not all) contain language that says that even though you sign up for a 4 year MSO [military service obligation] they can keep you for up to 8 years.

The other potential problem is just which law applies - most (but not all) military "contracts" again, in the fine print, say that if the law changes, the "new" law applies. That is a more complex issue, because it may be irrelevant if you have an 8 year MSO. While true that each of the Services have slightly different discharge / separation regulations, all must be consistent with both the requirements in Title 10, U.S. Code, AND the applicable DoD regulations.

If I can be of further assistance, please contact me privately at:

[email protected] you can look at my website at:

http://www.donaldgrehkopf.com/

or "google" my name, to ascertain my experience in military law matters.

Good luck,

Don Rehkopf

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Answered on 9/15/06, 2:59 pm


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