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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18846
Experience:  Lawyer and current JAG officer.
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My son was on terminal leave, s honorable discharge to take

Customer Question

My son was on terminal leave, his honorable discharge to take effect 12/13/2015 - he already has the certificate and paperwork stating such. He received a call from his unit's SFC that the leave has been rescinded and he has to report back 12/6/2015. They also changed his honorable discharge date to 1/13/2016. ALL of this has been done W/OUT the knowledge or consent of his battalion commander. He has no idea as to why, no one will tell him anything. The Batt. Cmdr said to him that he'd get to the bottom of it and find out what the SNAFU is and why this was done.. again no knowledge of it.. but wht does son do in mean time.. does he report back or let the LTC .. battl.cmdr straighten it out?
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
My son was on terminal leave, his honorable discharge to take effect 12/13/2015 - he already has the certificate and paperwork stating such. He received a call from his unit's SFC that the leave has been rescinded and he has to report back 12/6/2015. They also changed his honorable discharge date to 1/13/2016. ALL of this has been done W/OUT the knowledge or consent of his battalion commander. He has no idea as to why, no one will tell him anything. The Batt. Cmdr said to him that he'd get to the bottom of it and find out what the SNAFU is and why this was done.. again no knowledge of it.. but wht does son do in mean time.. does he report back or let the LTC .. battl.cmdr straighten it out? btw.. they are ALL In the field right now.. won't be back til Friday.
Customer: replied 1 year ago.
btw.. he used the terminal leave effectively..he has civilian job lined up, he's set up to return to college in 1 month, and he has housing...yr lease signed etc..
Expert:  Allen M., Esq. replied 1 year ago.

That's a tough call. If his battalion commander specifically stated that he does NOT have to report back, then he should stay on top of this situation very carefully and be in constant contact with that commander.

If the battalion commander has not said that though, he needs to report back or face being AWOL. The fact that his honorable discharge was set to take effect is not a legally relevant factor here at all. That is tentative paperwork that can be changed at any point prior to his actual ETS date. Terminal leave is still leave, so it means he is still subject to military jurisdiction. If they are stopping his leave based on an investigation, they can do that.

So, everything here depends on the exact wording of his battalion commander's statement.

Expert:  Allen M., Esq. replied 1 year ago.

So, just to be as clear as possible, unless the battalion commander told him to ignore the order, it is still a legal order.

He would make the situation worse by not following it. Nothing in your facts here make it an illegal order. The only reason he'd have to be able to legally ignore it is if the battalion commander expressly stated that he should wait until the matter had been explored.

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