I recieved an MEB and was declared unfit for duty and was to receive a new ETS date. I waited and waited but was uninformed as to my new date which then came and passed once I was notified of this I was also told that I would no longer get paid so I notified my finance as well as my section leader and Rear Detachment Commander as to the situation and what needed to be done. They however did nothing and I was told by both my section leader as well as someone at retirement that I was no longer in the Army pending an extension for clearing to be approved this was in March (12th). Now I have found out after already getting another job that they still have yet to process paperwork and that I was misinformed and was still getting paid and still in the army however my section leader said it was not neccesary to come in seeing as my date had come and gone. I am now trying to complete the process with no aid from anyone because it seems no one knows what needs to be done and I am now worried that I could receive some type of UCMJ and lose my medical retirement and I am trying to find out if I am at fault for something or if I have done what was required of me at my station.SPC Fortenberry
State/Country relating to question: North Carolina
just about everything
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Are you a reservist or guard?If not, were you on TDRL?
No active duty at ft Bragg my BN was deployed and I was back on rear d
I want to verify...you are active duty now? Not on TDRL? And not reporting to work every day?
Correct I don't understand it but my chain said I wasn't in any longer as did Retirement at the time now they said otherwise and I will be going in tomorrow AM to let my command know and reassume duties seeing as they are off today however i don't wan to be blindsided by some extemuating circumstance or some rule because no one is telling me anything they just kinda shrug and say I don't know
Thank you.I ask since that is odd...it is odd to NOT be on TDL, not on leave and not muster. In many cases that would considered AWOL. Though in your case, if you were granted leave or liberty, it would not be a crime.But you raise a very good question...did you have leave? Or liberty (ability to miss work) and was it granted by someone with authority to do so?If so you have no worries. If not you face potential prosecution for Art 86, UCMJ (AWOL)Were I you? I would get back to work and sort this out.Your section leader does not have authority to grant leave on their own...but if authority is delegated from Battalion or Squadron (that is the level with authority to grant leave or liberty) they can exercise that authority.SO in your case, if your section leader gave you liberty/leave to not show up to work, that can be a defense to a prosecution for Art 86.I would get to work and if asked I would explain what happened. Hopefully this will be resolved without a Court Martial or Art 15. If they want to take you to court, I would consider hiring a lawyer to assist...you get one for free from the military, but if you hire one, you pay for experience which can be very helpful.
So even though I was told to not show I could still be the one to get into trouble?
Perhaps.Context is important...it goes to how reasonable was your reliance on the words from the section leader. As I said, it is very unusual for an active duty Soldier to not be on TDRL/Leave and not have to muster. But if you were given leave by your NCOIC, that can be considered. It may well be you have nothing to worry about. But to answer the question, yes...they can try and prosecute you for AWOL. Your defense will be the leave give you by your squad leader
Can you consider verbal concent as leave, and would the fact that we were both misinformed from retirement until now be taken into consideration as well?
Yes. If the squad leader gave you leave that would be a good defense. But you really should consider hiring a lawyer to help you with this mess...since it is possible, IF you were convicted, for you to discharged.Hire an attorney with experience to assist you with this and protect your retirement.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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