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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I need guidance as my plea is uncommon and no one is sure. I

Customer Question

I need guidance as my plea is uncommon and no one is sure. I consulted JAG and they said I am in the clear, but I need a 3rd party to verify this and make sure my bases are covered.
I requested early separation from the Army via AR 635-200, Ch. 16-2, to pursue a commission via AIR FORCE ROTC, not Army. The regulation specifically says "any branch of the Armed Forces" and "ROTC".
I submitted the 4187 requesting separation for Aug. 2016, A training Service Obligation Waiver, the university's acceptance letter, and ROTC's acceptance memo. My ETS date is Aug. 2017. My 36 month mark is Aug. 2016.
The rest of the regulation dwells in very specific requirements for SENIOR ARMY ROTC, however, it doesn't touch on requirements for Air Force ROTC. Thus, I believe that section does not apply to me.
Am I wrong here? Is there anything that hold my separation back?
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.
I agree with you. AR 635-200 Para 16-2 is not limited to Army ROTC. It can apply to ANY ROTC program. if you meet eligibility for AFROTC? And otherwise meet the requirements of AR 635-200? Then you can use this as a basis to separate.
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.
I meet eligibility for ROTC. I went through a commissioning physical and it was screened by DODMERB, thus I am healthy and capable of doing ROTC. That was put in my separation packet also.My Commander, Battalion Commander and Brigade Commander support my goals, and throw jokes at me regarding going blue (it was expected).Page 8, of AR 635-200, under 1-19, section c. denotes "commanders who are special court-martial convening authorities are authorized to approve or disapprove separation.... " for Ch. 16 (my case). Who exactly is this? Is this typically at Division , Brigade level, or what? No one is clear with me. Or does this vary? One person told me it's a General, someone else said it's Brigade level (0-6).What I am asking is, how is this separation typically processed? What are the channels? (S1 to Division to HRC?) Past Brigade level, I start to disconnect and dont' understand how it's processed. Why do I ask? I'm keeping track of my packet very closely, as I do not want anyone to lose it!!!
Expert:  P. Simmons replied 1 year ago.
Sorry for the delay. Lost internet last night
The Special Court Martial Convening Authority is, typically, battalion. So this would fall to your battalion commander
Now this can vary by division...in some cases the division will reserve SPCM convening powers to brigade.
But in general it rests with battalion.
So you make the request and it goes to SPCM convening authority for decision
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.
Mr. Simmons,Sorry for being gone. I have a few more questions! :)1. Would there be any difference if I request separation via DD368 (conditional release) or Chapter 16-2? In other words, is there any reason one would pick one over the other? Will one impact me negatively over the other, in any way (GI Bill, RE-Code, benefits, etc)?2. Ch. 16-2 yields an honorable discharge. However, what would happen to my RE-code? How is that determined?3. What does lines 3 mean: "Other officer accession programs of the USN and USAF that require enlistment in those branches of the Armed Forces"? Would my situation fall under that or under line 1: "ROTC"? I submitted my packet under line 1.
Expert:  P. Simmons replied 1 year ago.
Thanks
A few mis please while I review
Customer: replied 1 year ago.
Take your time, Mr. Simmons. No rush, it's Saturday :)
Expert:  P. Simmons replied 1 year ago.
1. Would there be any difference if I request separation via DD368 (conditional release) or Chapter 16-2? In other words, is there any reason one would pick one over the other? Will one impact me negatively over the other, in any way (GI Bill, RE-Code, benefits, etc)?
The concept is the same. Both result in a conditional release.
There is no distinction as to which is better both accomplish the same thing.
2. Ch. 16-2 yields an honorable discharge. However, what would happen to my RE-code? How is that determined?
Reenlistment code is determined by the service regulations. The release you're requesting would not result in a negative realistic code.
3. What does lines 3 mean: "Other officer accession programs of the USN and USAF that require enlistment in those branches of the Armed Forces"? Would my situation fall under that or under line 1: "ROTC"? I submitted my packet under line 1.
Correct; ROTC requires an enlistment contract as part of the application process

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