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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19200
Experience:  Lawyer and current JAG officer.
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I have a battle buddy who might be a candidate 18. It's

Customer Question

Good evening,
I have a battle buddy who might be a candidate for Chapter 18. It's for overweight twice in a 12 month span. He is 6 weeks from making 20 years. Is there anything preventing this action? Or anything action he should take?
Thank you
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

For them to separate him, with that amount of service, he'd be entitled to a board hearing. So, he will be able to present his history of military service, the fact that he is within 6 weeks of making 20 years, etc. to that board. The board can then consider retention as an option, based solely on his military career. So, that is something he'll want to discuss with his attorney, as he is moving forward. He'll be assigned an attorney if they are planning on doing a board (which they have to do given his tenure).

He can also submit a request for the command to set aside the board in lieu of retirement. He'd need to then be prepared to submit an immediate request for a 20 year letter and retirement packet.

Now, even if the board happens and the board chooses separation, due to his lengthy service, his separation will automatically be reviewed at the highest level (Secretary level review), where they have the ability to separate him with retirement instead of the Chapter 18 (dual processing).

So, those three things together give him the protections to his retirement that are available in the law.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have question concerning a different matter.

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

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

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