I am an E8 Navy reservist with over 20 years of credited service. While mobilized overseas, I went to NJP in November 2010 for fraternization (non-sexual: being too friendly with junior subordinates) and was found guilty at NJP. I was subsequently sent back stateside and was retained on active duty pending an adsep board. The adsep board convened and concurred with the finding of misconduct at NJP but recommended retention. I was released from active duty back to my reserve unit in Aug 2011. In Feb 2012, the Navy selected me under its Continuation Board proceedings and directed me to retire before Sep 30, 2012. I complied and received my Retirement letter of eligibility from BUPERS in May 2012 and submitted my retirement request through my reserve chain of command in early June to the reserve center. Of note, my unit CO positively endorsed my retirement request. I requested retirement for Jul 1, 2012, pending BUPERS approval. Once submitted to the reserve center, the Chief Career Counselor gave no indication of anything out of the ordinary. On Jun 20, 2012, I received a registered letter from my reserve center CO stating I was being processed for adsep under MILPERSMAN 1940-142. I have drilled and performed my required annual training satisfactorily since returning to my unit in July 2011. I have had no disciplinary issues during that time. I contacted my unit CO and he was unaware of any proposed proceedings against me. My question(s) are: (1) can the reserve center CO (an O-6) initiate adsep proceedings two weeks ahead of my requested retirement date on a matter previously resolved and settled (recommended for retention by a 3-member panel at ECRC, signed off by active duty O-6) by an adsep board over a yr ago? (2) Since I have already received my retirement letter of eligibility and submitted my retirement request IAW with mandates of the BUPERS Continuation Board, can a 2nd round of adsep proceedings be initiated for the same offense liquidated at the previous adsep board? I know adsep is non-punitive, but this seems like a case of "double jeopardy" per se and a personal vendetta of the reserve center CO to ruin my personal and professional life literally days ahead of requested retirement date.
State/Country relating to question: Virginia
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