Pay & Money

Ensuring You Receive the Military Pay and Benefits You Earned and Deserve

Military service comes with a commitment to our country, and in return, the government has a responsibility to ensure service members receive fair and accurate compensation. Cave & Freeburg, LLP understands that navigating military pay regulations, benefits, and post-service entitlements can be complex. If you, as an active, retired, or discharged service member, believe you’ve been wronged regarding your military pay or benefits, Cave & Freeburg, LLP can be your trusted advocate.

Here’s how their expertise can help you with some specific legal aspects relating to military pay:

1. 37 U.S.C. § 204 – Military Pay Act:

• Correction of Military Pay: If you suspect you’ve been underpaid due to errors in calculations, allowances, or deductions, Cave & Freeburg, LLP can analyze your situation. They will meticulously review your case and identify discrepancies, help you understand what legal actions you can take, and if agreed, help you get what you are owed.
• Wrongful Separation Back Pay: Did you face an unexpected separation that you believe was unlawful? Cave & Freeburg, LLP can assess your case. If they determine your separation was wrongful, they will fight to recover back pay you’re entitled to under the Military Pay Act. People in this scenario have typically been administratively discharged before the end of their active duty service commitment.
• Record Correction: Your military record might contain inaccuracies due to wrongful separation or pay errors. Cave & Freeburg, LLP can guide you through the process of seeking correction to reflect accurate information.

2. 37 U.S.C. § 206 – Inactive Duty Training:

Did you dedicate your time to inactive duty training but weren’t compensated as required? Cave & Freeburg, LLP can help you file claims under 37 U.S.C. § 206. They will gather evidence documenting your participation and ensure you receive the proper monetary compensation for your service.

3. 10 U.S.C. § 1201 / 1204 – Medical Retirement:

Facing an unexpected discharge for medical reasons can be stressful, especially if you believe you were unfit for duty but denied proper medical retirement benefits. Cave & Freeburg, LLP can review your case under 10 U.S.C. § 1201 / 1204.

They can:

• Assess your medical records: They will analyze your medical history to determine if it supports a claim for medical retirement.
• Fight for benefits: If eligible, they will fight to ensure you receive the medical retirement pay and benefits you deserve.
• Appeal decisions: If your initial claim is denied, Cave & Freeburg, LLP can guide you through the appeals process.

4. 10 U.S.C. § 1370 – Satisfactory Service:

Military rank reductions without proper due process can have a significant financial impact. If you believe your rank was reduced unfairly, Cave & Freeburg, LLP can examine your case under 10 U.S.C. § 1370. They will:

• Review discharge paperwork: They will meticulously analyze the documentation surrounding your rank reduction to identify any procedural violations.
• Fight for monetary compensation: If your reduction violated regulations, they will work to recover any lost wages due to the rank reduction.
• One example here is someone who has been administratively separated due to alleged misconduct and in the process have been retired in a lower rank–sometimes referred to as the Retired Grade Reduction process.

5. 10 U.S.C. § 1372 – Retirement Grade and Physical Disability:

Sometimes, service members are medically retired before a promotion goes into effect. 10 U.S.C. § 1372 considers such situations. Cave & Freeburg, LLP can help you determine if you qualify for retirement in the rank you were selected for, potentially leading to a monetary claim.

6. 10 U.S.C. § 1552 – Correction of Military Records:

A Board for Correction of Military Records (BCMR) decision granting you monetary relief can open doors for further claims. Cave & Freeburg, LLP understands the implications of such decisions and can advise you on potential new claims that might arise due to a revised statute of limitations based on the BCMR decision.

The Cave & Freeburg, LLP Advantage:

• Experience in Military Law: The complexities of military pay and benefits regulations require specialized knowledge. Cave & Freeburg, LLP’s attorneys have extensive experience navigating these legalities and advocating for service members’ rights.
• Meticulous Case Review: They take a thorough approach, meticulously reviewing your records and evidence to build the strongest possible case for your claim.
• Fighting for What You Deserve: Cave & Freeburg, LLP is committed to ensuring you receive the fair and accurate compensation you’ve earned through your military service.
• Nationwide Representation: Regardless of your location, Cave & Freeburg, LLP can represent you in your pursuit of rightful pay.

Typically, a case under the above statutes will be submitted to the U.S. Court of Federal Claims. That court can order a corrections board to review your case and make appropriate corrections to your record which then may result in back pay or increased retired pay.