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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26128
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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On May 20, 2013, my husband was handed his orders to retire

Customer Question

On May 20, 2013, my husband was handed his orders to retire to fleet reserves on the 31st of May. Yesterday, he was told that he had until the 29th to sign a paper to voluntarily extend his service after 20y3m of active duty to go up in front of an admin sep board for misconduct-commission of serious offence as evidenced by generating and approving fraudulent travel claims and larceny. Two and a half years ago his whole department was put on legal hold for pending investigation. During the investigation two of the department members were charged by the US Department of Justice for 149,000 in theft and wire fraud. After thesetwo guys were charged with one pleading guilty. My husband started receiving letters from the USDJ stating that he is a victim. Now we feel that they are trying to get my husband to admit to things that he did not do. Can you plese help us and tell us what we can do to prevent this.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can they force him to "volunteer to extend"

No.

No...they can not.

He can politely decline.

That said, if he is still on active duty, they can request that his orders be placed on hold and can then take steps to separate him.

If he has over 20 years they can not take away his pension UNLESS they take him to a court martial AND have a punitive discharge awarded. But they can process him administratively to try and give a less than honorable discharge.

Sounds like he needs a good lawyer...now. To represent him through this process

THe military will give him one at no charge, but consider hiring one...he would be paying for experience, something that the military lawyers often do not have

Customer: replied 1 year ago.

His transfer to fleet is scheduled for the 31st and his EOS is 6 June. Is there enough time for them to put his fleet reserve on hold and schedule an admin sep or CM. During this whole entire time he has never been formally charged with any crime. Ifeel that by trying to make him sign these papers they are trying to get him to admit to a crime that he did not do. Also according to USDJ. He is a victim of ID theft by the two members that were charged with the crime of fraud.

Expert:  P. Simmons replied 1 year ago.
Yes. They can put the orders on hold in one or two days. They simply need to contact BUPERS (Navy Personnel command) and request it.


Customer: replied 1 year ago.

 


What would happen if he declined to extend and he tried to leave on June 6th when his time was up?

Expert:  P. Simmons replied 1 year ago.
Depends.

If they can not change his orders then he would retire.

But even if he retires, they can recall him to face a court martial (since he remains on jurisdiction as part of the Fleet reserve)

If they stop his orders, then he will wait until this is resolved either at court martial or at an administrative separation proceeding.

Customer: replied 1 year ago.


So you recommend he extends and requests a Board or extends and submits a package in his defense? Which does he stand a better chance at? The local civilain ex military lawyers here told him to go to Jag.

Expert:  P. Simmons replied 1 year ago.
I request he refuse to extend. There is no benefit for him to volunteer to help the government prosecute him.

I recommend he find a good attorney...you may need to go outside your local area to find this...but all the good ones will travel to you.
Customer: replied 1 year ago.


And if he does not extend what will happen at his EAOS?

Expert:  P. Simmons replied 1 year ago.
If he is not extended, he will retire.
Customer: replied 1 year ago.


Would you recommend that he does not elect or waive his rights on lines 6 thru 11 on the navpers 1910/31 Administrative Separation processing notice? or can he rufuse?

Expert:  P. Simmons replied 1 year ago.
He can refuse...he should not waive any rights.

Customer: replied 1 year ago.


Line 6 says to submit statements to the administration board or the seperation authority in lieu of a board.


 


line 7 says to obtain copies of documents that will be forwarded to the separation supporting the basis for the proposed seperation.


 


line 8 to request an administrative board


 


line 9 to representation at an administrative board by quilified counsel.


 


line 10 to representation at an administrative board by civilian counsel at my own expense.


 


line 11 if applicable to request transfer to fleet reserve/retired/retired reserve list understandind that you have the right to an administrative board to rcommend retirement in your current or a reduced paygrade. if you waive such board, a reduction to a reduction to a reduced paygrade upon transfer may be directed if you are being processed for misconduct or homosexual cunduct?


 


Wednesday they want him to initial by either elect or waive each line. Please advise

Expert:  P. Simmons replied 1 year ago.
Ma'am, your spouse needs a lawyer. He can request to speak with one before he completes this form.

He should not waive any rights.

He should demand a hearing.

Once he does that, they will provide him a lawyer

As I mention, he would do well to hire a lawyer...there seems to be a lot on the line here

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