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I am currently pending admin discharge and waiting for final…

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I am currently pending admin...

I am currently pending admin discharge and waiting for final review and approval from GCMCA authority. I'm also pending my seperation physical to be conducted so they can't send my Adsep package to be reviewed yet. My Eaos is in 3 weeks. Can they still hold me after my Eaos and what kind of discharge will I get?can they even send my Adsep package up for review and approval if I have not done my seperation physical yet? Can I seperate at my eaos in 3 weeks if the GCMCA review package for approval is not back yet?

Submitted: 3 years ago.Category: Military Law
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Answered in 1 hour by:
12/7/2014
Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,483
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Good question. Is this your "hard" eas? That is, in 3 weeks your contract is up?
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Customer reply replied 3 years ago

Yes, in 3 weeks, my hard eaos is up. I'm still waiting to complete my seperation physical which will be completed 5 days before my hard eaos can i still seperate at my hard eaos in 3 weeks?

Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
Thanks
It is not possible to administratively separate a service member AFTER their hard EAS.
The rules that allow administrative separation (for example, for medical reasons or for misconduct) are geared to removing a member from service early. When they reach their EAS there is no need to remove them early...so the ability to separate is removed.
If they want to separate you administratively they must do so prior to your EAS...once you reach your EAS they will be required to give you a normal (end of service) discharge unless there is evidence of misconduct. They can hold you past your EAS for a court martial...but not for any other reason.
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.
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Customer reply replied 3 years ago

They are seperating me for 2 reasons.

1.pattern of misconduct

2.commision of a serious offense.

I went to captains mast and I was awarded my punishment and recommended for admin seperation. They transferred me to TPU to complete processing but I elected GCMCA review and approval so now they are my seperating authority. I didn't complete my seperation physical before I left for TPU together with my Taps class . I have been scheduled for my taps class and my seperation physical is 5 days before my hard eaos. Here are my questions.

1.Do they need me to complete my seperation physical before they can submit my admin seperation package for review and approval by the GCMCA?

2. if I complete the physicals and the taps class before my hard eaos and the final review and approval from the GCMCA is not back yet, can I still seperate at my hard Eaos?

3.Can the GCMCA approve my admin separation package without my seperation physical not completed?

Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
Service regulations require that a member have a separation physical. But the service secretary can waive application of this rule. So it is possible for them to separate you without a physical.
And if you have 3 weeks left? That is plenty of time to process you out.
But they must complete the process prior to your hard EAS...they can not separate you administratively after the EAS
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