I am active duty enlisted 18 years. I have been relieved of duty for cause with no actual charges preffered. Possible charges are Innappropriate relationship and sexual assault. Sexual assault is an accusation of roughly 2 - 3 seconds of touching, no witnesses and truthfully didnt happen. With my Time in Service will my sanctuary apply if charges are bought and am I elgible for retirement in lieu of?
State/Country relating to question: Montana
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Sanctuary will not apply for misconduct. That is, if the military separates you from the military for misconduct prior to the 20 year mark, you do not rate Retirement. But they can not just toss you out. They MUST give you a hearing and a lawyer to assist.And frankly, I would hire a lawyer. A good one. One with lots of experience (The ADC lawyers generally have little to no experience)You have a lot riding on this...if they take steps to separate you, hire a lawyer to fight to keep you in. If you win the hearing, you can stay till 20
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