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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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If a member is approved (orders in hand) retirement (tera),

Customer Question

If a member is approved (orders in hand) for early retirement (tera), will a positive UA cancel retirement
Submitted: 12 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 12 months ago.

Yes, a TERA could be stopped. In fact, legally speaking, even if one was already out on the retirement, that person would still be subject to the UMCJ can could be called back to active duty for court martial or other administrative processing based on on the UCMJ.

Now, there is a difference between "can" and "will." I can only tell you what commanders can do, not what they will do. Certainly, with orders already in place it is more of a hardship on command and legal because they have a deadline that they have to quickly try to meet before the process becomes more difficult to do. That being said, they absolutely can suspend it before it starts...if they move quickly enough.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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