Tarawa Terrace, NC asked in Military Law for North Carolina

Q: I have received medical board findings. I was found unfit and can the military hold me for AdminSep?

I went through the PEB and got my findings. They found me unfit and got medical retirement from the military. I have an EAS Date 45 days from now. My unit is pursing an AdminSep for pattern of misconduct. The characterization is General Under Honorable. Can the military hold me past my new EAS Date? If so why? (My chain of Command says I can’t start checking out because they hold me past that date.) What will happen to my medical retirement and benefits? I also forgot to write it down. But they also said something about submitting an SGA or SJA Request?

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1 Lawyer Answer
R. Davis Younts
R. Davis Younts
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Answered
  • Military Law Lawyer
  • Lemoyne, PA

A: There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be "dual-processed" meaning that the separation authority will review both basis for separation and pick either medical or misconduct. If you are separated for misconduct you would lose the medical retirement and need to rely on disability. How you fight this depends on factors that include branch of service and time in service. Happy to discuss further if you have additional questions.

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