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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17181
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I received my separation orders it get out of the army do I

Resolved Question:

I received my separation orders it get out of the army do I still have to complete my extra duty while I transition out
Submitted: 10 months ago.
Category: Military Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for your question, however, I am a bit unclear on your facts. Do you mean do you have to stay on active duty to finish your extra duties once you reach your separation date that is on your orders? If so, has there been an involuntary extension since you received those orders?
Customer: replied 10 months ago.

I'm on active duty currently my discharge date is the 21st of Oct I have received my orders that I have been reassigned to transition my commander wants to to stay on extra duty instead of spending the last week in the army to get all the things I need to do (ie pack my house up to move )

Expert:  Marsha411JD replied 10 months ago.
Hello again,

Thank you for your reply. If you are on extra duties, and that was a legal sentence from an Article 15 hearing, then they can continue up until the date you are actually separated. That said, if your Command is not giving you time to do what is absolutely necessary to do the absolute necessities for separating, then you could, if you choose, file an Article 138 complaint against him or her. However, if your transition is just made more difficult, meaning you have to find others to help you get things done, then that is not unlawful. It is only if you are kept from doing the bare minimum that is required to muster out, that you would want to file an Article 138. Otherwise, extra duties are legal under Article 15 up until the day your sentence runs out or you are off of active-duty, whichever comes first.

Please let me know if you need clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17181
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Marsha411JD and other Military Law Specialists are ready to help you
Expert:  Marsha411JD replied 10 months ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 13th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit (paid from the deposit you left) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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