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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20079
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My ETS shows 131006 on my LES, which is October 6, 2013, my

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My ETS shows 131006 on my LES, which is October 6, 2013, my discharge paperwork was submitted to PERS about a month ago. Can the military keep me past my ETS date, the reason I am asking is on my LES is states that all pay and allowances will be suspended upon ETS date of 131006. Your help is greatly appreciated.

Thank you for the information and your question. I am not sure why your finance office or at least your disbursing officer is not willing to discuss this with you but yes, servicemembers can be extended beyond their ETS. The most common reasons are misconduct and mission necessity. However, both of the circumstances are unusual. However, if they were to occur, then the Service would have to pay continue to pay the servicemember, so that notation you mentioned would be meaningless if you were to remain on active-duty beyond your ETS for some reason.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.

My command submitted discharge paperwork for OTH about a month ago or so and I want to get out of the military since I am being told I am being given an OTH for a positive UA for which I was never given a NJP for or anything else for that matter. Is there anyway I can find out if they are going to keep me past my ETS date, such as that PERS is still processing the paperwork for say.



Thank you for your reply and the rest of the relevant facts. Unless your Command Admin is willing to tell you the status of your OTH processing, then there is no way to know exactly when that will come through. However, you should be given a copy of any action that extends your ETS date. In other words, you must be affirmatively notified that your ETS is extended. My guess is that if you are enlisted, and not entitled to a Board because of your length of service, that you will most definitely be separated by the time of your ETS, if not sooner. However, again, no way to know exactly what your last day will be if your Command does extend your ETS.
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