I am going to assume they gave you notice in writing and you waived in writing your right to a board.
If that has not yet happened then it MUST happen before you discharge
can be processed...the timelines I discuss below are based on the time AFTER notice is given to the Sailor
First, let me say that your options are limited to “force” this. As I explained in the last question, there is no legal requirement that the military discharge you PRIOR to your end of contract. They could, in theory, hold you to the last day of your contract and then discharge you with an OTH.
I say “in theory” since there are some limitations on this.
They have an obligation to treat you fairly, based on all the circumstances.
If they are treating you unfairly? For example if your commander was dragging this out as some form of punishment? Then you would have recourse. More on that below
What you describe? You have a lot going on...
That is, it seems as though you have several things tied together. You have the fact you were sexually assaulted. The fact you apparently health concerns that may limit your ability to serve, and you have a failed UA.
The failed UA will trump the other reasons...that is, they can use the failed UA as a sole basis to separate.
Separation for a failed UA, if the Sailor waives their right to a hearing, typically takes a month or so, start to finish. It can take longer...I have seen it take several months. But such cases are rare.
Now...your case is a bit unique, with the fact there is a pending criminal charge on another service member...but that should not drag this out indefinitely. Two months? Perhaps...but no longer.
I say “should” since as i mention above, there is no legal requirement that the military discharge you PRIOR to your end of contract.
But as I also mention, they have an obligation to treat you fairly, based on all the circumstances.
And this is where it may be you can get some leverage.
If they are just “dragging this out” to punish you? That would be unfair...and I would expect the commander (or, if the commander is dragging this out, the commander’s commander) to step in and move this along.
I mentioned in the previous answer
If you feel they are being unfair? You can file a complaint with your congressman...congress has oversight over the military and can investigate complaints of unfair treatment.
That is still true. And you may be surprised that it actually works. Again, if they are delaying this needlessly. But before I went to that step, I would have a chat with the commander. You can “request mast’ over this issue if you feel that the command is not treating you fairly. And if that is the case, the commander has the power to speed this up.
Again, the average time to process a UA failure discharge is a month. Not more.