Temporary Early Retirement Authority (TERA) is now available in all services. The Army just implemented TERA last week on 10 June 2013. TERA is designed to allow those servicemembers with over 15 years of service, being denied continued service based on the centralized board process, to retire early instead of receiving an involuntary separation. The benefit of early retirement is that you will receive a retirement without having served for 20 years. This retirement will of course be at a reduced rate. Additionally, you will not receive involuntary separation pay. However, if you are involuntarily separated, you will not receive any sort of retirement. In deciding what is best for you financially, it really comes down to simple math based on your specific circumstances. You don’t need an attorney to figure that out. However, I have noticed in reviewing the implementations of TERA that it is not offered to those folks pending a court-martial or other legal proceeding or those being separated from the service due to disability or other administrative separation. If you are in the early stages of a legal proceeding or administrative separation and have over 15 years or close to it, it may be possible for you to convince your command to withdraw the legal proceedings or administrative separation so that you may have the chance to become eligible for TERA instead. Convincing your command to give you this chance will not be easy. Depending on your specific circumstances, I may be able to help advocate on your behalf. If the command will not change their mind, then I can push hard to get you the best result possible at your administrative separation board, court-martial or other legal proceeding. Additionally, if you are discharged administratively after the implementation of TERA and believe you should have been retired under TERA, I have the experience you need to represent you in your claim. In 2002, I represented Mr. Robert W. Clary, Jr. who was discharged in 1994 from the Navy and was able to get his records changed to reflect that he was retired under TERA. He received all the benefits of a retired servicemember retroactively. If you need an experienced attorney, don’t wait to call as it may be too late. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
