I will hit 20 years of creditable service (12 Active Duty, the rest Army Guard) in 3 months. I had received a law violation (misdemeanor, simple assault) I received 2 years probation, I never told the Guard about it and they found out months later doing a predeployment records review. The are attempting to yank my security clearance and chapter me out before I hit my 20 years. They already flagged me, gave me a horrible OER and are recommending a under other than honorable discharge. Any advice is greatly appreciated. Also, I have 15 years of total active duty time, Sanctuary only applied if i have 18 years of active-duty time correct?
State/Country relating to question: Pennsylvania
Inspector General, JAG, Congressman
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.Sanctuary will not apply for a misconduct chapter.Tell me, did they schedule a hearing already? If so when is it?
No, not yet. JAG told me that will never go that far because he already found a slip up on their end on some documents. I just really need to know if it is possible for them to boot me out within 90 days prior to my 20 years. From what I read so far (Army regulations, officer separations). It seems like it has to go all the up the chain to the Pentagon/ Guard Bureau? And that take many months with the guard.
For misconduct? You bet they can. If they can show "commission of a serious offense" that is grounds under Chapter 14 for a separationI ask about a hearing since that is required. They have to provide you with a lawyer and a hearing and give you the chance to present your case at the hearing.But they can certainly Discharge you if they can convince the board (the three members who conduct the hearing) that you committed a serious offense and that the result should be separation.And 3 months is not impossible. I have seen it happen in less than 24 hours.NEVER underestimate the ability of the government in this regard. Going up to HQDA (Headquarters Army) is not that big a deal if this becomes important for someone in your chain of command.I would be looking for a good lawyer now. You get a hearing...they give you a free lawyer with no experience. Were I you? I would be looking for a lawyer with experience to fight at that hearing.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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