Have Military Law Questions? Ask a Military Lawyer.
Aug 8th 2014
Hello again and thank you for your reply. Assuming that you just applied, since you are not eligible to apply unless you are within 365 days of your EAS, then you would normally be eligible for a release date of 90 days or less from EAS without the positive endorsement of the first General in your chain of command. In this case though, since you are asking for a release date well over the 90 days, I can tell you that, unless the first General in your chain of command gives you a positive endorsement, your request, at least for a December release date, will be disapproved. The MARADMIN 325/13 sets out all of the requirements for qualification for the VEERP. It also specifically says that this Program is a cost savings and not an "entitlement" program. In other words, unless your chain of command the HQMC see this as advantageous manpower wise and budget wise for the Marine Corps, they will deny your request. I can't second guess what your CO might have used to support his position that he does not feel they can afford to let you go early, but as long as he was specific in his endorsement about why he believes that, then unless someone in the Company or Battalion level disagrees with him, your application will not be approved. That said, this could happen and does, so I wouldn't give up yet. All that said, requests are being disapproved, but I just can't tell you what the percentages are. If you have not already read the MARADMIN I cited above, you can read it at: http://www.marines.mil/News/Messages/MessagesDisplay/tabid/13286/Article/145417/fy14-voluntary-enlisted-early-release-program.aspxIf you have any specific follow up questions for me, please feel free to ask them. I would be glad to assist you further if I can.
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).