How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33651
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I am about to go before a battalion njp and I was wondering

Customer Question

I am about to go before a battalion njp and I was wondering if they charge me if they could hold me past my eas for a restriction penalty and if not where exactly does it say that.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Marine, this is found in Marine Corps order 1900.16.
Take a look at para 1008 (c). It provides, in part
Marines shall not be retained beyond their separation date in the followng instances
...
Marines undergoing administrative separation processing will not be involuntarily retained on active duty past their release date. However, Marines involuntarily retained on active duty pursuant to paragraph 1008.1.c.(1) above, may be administratively separated pursuant to their own request in lieu of trial by court-martial, or pursuant to a negotiated pretrial agreement at a court-martial. In either case, said request or agreement by the Marine must be made with the assistance of counsel. This provision does not apply to Officers. Reference (t) SECNAVINST 1920.6C controls the administrative separation of Officers and takes precedence over any conflicting provisions of this manual.
Can I keep you past your EAS to punish
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
Can u break what that says down for me?
Customer: replied 1 year ago.
Basically I am going before a njp and I will be 10 days from my eas. I am wondering if they can hold me past my eas to complete a punishment such as restriction.
Expert:  P. Simmons replied 1 year ago.
Thank you
Short answer is no. The rules do not permit a commander to extend the Marines end of act of service date to impose administrative punishment. Period.
The commander can keep you on restriction while you were on active duty. However, when your EAS date arrives? They must release you.
If they did not release you? That will be a basis to request mast. However, I doubt that will be a problem.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
Does it say it anywhere in the manual that they can not do that?
Expert:  P. Simmons replied 1 year ago.
Not directly...but by implication it is prohibited.
If you look at MCO 1900.16 it lists all the reasons a command can hold a Marine past EAS (for example, if they are injured, or pending a court martial). It does NOT list punishment from NJP as a reason to hold over.
For this reason, they can NOT hold you over past the EAS for NJP punishment. Period.

Related Military Law Questions