Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

NA-RP

 

Customer Question

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.

 

Optional Information:
State/Country relating to question: Virginia

Submitted: 302 days and 14 hours ago.
Category: Military Law
Value: $59
Status: CLOSED
Picture
Expert:  Fran-mod replied 302 days and 2 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

 
Tweet

2 Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
I am in the U.S Army, I have been given an evaluation from 4/16/2013
RA-gz 4/15/2013
NA-100 4/12/2013
If I stop going to Oregon drill for the national guard what 4/9/2013
During my transfer leave to a different command I got arrested 4/8/2013
what are the state requirements for the three veterans homes? 4/7/2013
I signed enlistment papers for the Armed Forces 4/5/13 and 4/7/2013
My Fiancee is coming home on leave, he had meet his active 4/7/2013
I had a year long relationship with my former boyfriend, a 4/6/2013
May have failed a Reserve drug test in February but have not 4/5/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • Special Court Martial Questions
  • Good Conduct Medal Regulation
  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
  • Military Survivor Benefit Plan
  • Adultery in the Military
  • Army Recruiter Questions
  • Medical Discharge Regulations
  • Army Discharge Regulations
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
202 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan