Ask a Military Lawyer. Get Your Military Law Questions Answered
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.
What would happen if he declined to extend and he tried to leave on June 6th when his time was up?
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.
And if he does not extend what will happen at his EAOS?
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?
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
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).