Is there any action that I should take?
Let me first say "what is done is done"...so you can not change the past...but I sure would not give any further statements to the IO or anyone.
If they called you back to be investigated, there are potential criminal charges. It is almost never a good idea for an accused to talk to the IO. And it is never a good idea for an accused to talk to an IO without counsel.
SO I would not provide any more statements to anyone about the matter under investigation.
I would start to attorneys who specialize in military law...plenty of experienced ones out there...if you are forced to defend a BOI or court martial
, TDS alone is typically not a wise move...they may be energetic but often have little to no experience
Does any part of this seem illegal/unjustifiable on their part?
Actually, it seems routine.
That is, what you describe is common...if the commander has evidence of criminal misconduct, they can recall a soldier
from leave. If you have not checked into your new command, the original commander stil has jurisdiction. This comes from the AR (section 10-13) which provides
The commander is the recall authority when Soldiers are on authorized leave and are needed for return to duty for reasons of military necessity.
Again, until you report to the new command the original commander can exercise this authority.
I have seen this happen, time and time again. Typically it happens with terminal leave
...but it also happens with PCS leave
Do I have a case to file a claim to be compensated considering they violated AR 600-8-10?
This may be semantics. An order is required to change leave status.
The AR provides
If travel and transportation allowances are authorized (JFTR, Vol 1, U4105 or U7220–A through U7720–D)
orders will be used to recall Soldiers (see AR 600–8–105). Direct travel questions to the local travel or transportationofficer
SO they must cut you orders to recall...if that did not happen? Then you may have a claim for the lodging expenses you incurred. But for a reasonable period of time. Once the commander told you "you are on BAH" there is no further argument that you can collect per diem.
I was also under the impression that if someone is being considered for separation that they would have to be notified, is this not true?
It is true. Absolutely true.
A soldier must be notified in writing before they can be processed. But the due process they get to respond can be limited.
If they process you for an OTH you get a hearing...time to hire a lawyer and prepare
If they process you for a general discharge
, since you are a probationary officer (less than 2 years) they can do so with no hearing...you get to make your case in writing. All the more reason to talk to lawyers now...so if you need one you can hire them immediately
Let me know if you have more questions