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

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I am about to go...
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: 3 years ago.Category: Military Law
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Answered in 25 minutes by:
5/21/2015
Military Lawyer: P. Simmons, Military Lawyer replied 3 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,943
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.
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.
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Customer reply replied 3 years ago
Can u break what that says down for me?
Customer reply replied 3 years 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.
Military Lawyer: P. Simmons, Military Lawyer replied 3 years 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.
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Customer reply replied 3 years ago
Does it say it anywhere in the manual that they can not do that?
Military Lawyer: P. Simmons, Military Lawyer replied 3 years 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.
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