Asked in Military Law for North Carolina

Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.

I am currently pending administrative seperation for Pattern of Misconduct. I am 9 days away from my EAS. If I make it to next Friday(my actual EAS) with no word on a 10 day letter should I just get my DD-214 and leave or could that cause more issues? What could my command legally do to hold me here longer? I'm really stressing not knowing what to do. Any advice would be greatly appreciated.

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1 Lawyer Answer

Patrick Korody

Answered
  • Military Law Lawyer
  • JACKSONVILLE, FL

A: Yes - you cannot be involuntarily administratively separated after your EAOS absent a voluntary extension or agreement (like a separation in lieu of trial by court-martial). If you are not discharged at your EAOS, then you need a lawyer. if you were smart, you would have requested GCMCA review of your adsep to slow down the process. The could always prefer charges for court-martial and place you on legal hold.

Also, though there are requirements for separation, the 10 day letter is a "within 10 days" not "keep this guy for 10 days then separate." So you could be separated for misconduct on the day before your EAOS.

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