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I am a Navy LCDR about to receive NJP for UA. There are

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I am a Navy LCDR...
I am a Navy LCDR about to receive NJP for UA. There are extenuating circumstances, but nonetheless it's happening, an I'm happy to go. My question is, can I submit a resignation letter now and ask to leave with an HD? Also, what's the typical timeline from NJP date to separation? I received a very good job offer and would like to start work right away. Thanks.
Submitted: 5 months ago.Category: Military Law
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Answered in 45 minutes by:
8/25/2017
Military Lawyer: Marsha411JD, Lawyer replied 5 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,614
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. You will have to wait until you have gone through the NJP and the appeal process and when you receive the Show Cause Notice before you can submit your request for resignation in lieu of a Board of Inquiry.

This is the Board of Inquiry instruction link that discusses the procedure: http://www.jag.navy.mil/library/instructions/5830_1A.pdf

This is the MILPERSMAN section link that discusses request for resignation in lieu of separation processing: http://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1900Separation/Documents/1920-200.pdf

As for timeline. I am afraid I do not have good news for you there. Officer separations under these circumstances, even if a resignation is accepted, can take months versus days or weeks for junior enlisted. It is because of the levels that are involved in the process. Obviously if your unqualified resignation was accepted, the process would be much shorter, but that might mean it going from what could be a year with a Board, appeals, etc, down to two or three months.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to provide you with the information relevant to your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 5 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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