Morning,
"
My situation is very unique. Some background about myself. I am 19 yrs and 5 months in the Navy and I am attached to a shore command. I am currently being charged with Articles 115, 120, and 129. My accusers was my former friend and his "fiancée." Both of them are civilians. The case was settled in civilian court during the pretrial and we able to show the judge my accusers were lying and DA decided not to pursue any further charges. Soon after I had put in my retirement/Fleet Reserves last June 2022. Last month my command brought these charges against me. I exercised my Article 31 rights and refused the NJP and requested a court-martial. I was then placed on a MEB by my provider for three different diagnoses of mental health that I have been dealing with for over 10 years. This week my command legal had slipped up and stated they have pending ADSEP paper work for myself. I recently found out from Title 10, 1176 section (a), states "A regular enlisted member who is selected to be involuntarily separated ,or whose term of enlistment expires any who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law." My retirement/Fleet Reserve package has been sitting be sitting at NPC 6 months because of my command legal. Did my command legal did something untechnical and illegal? My immediate chain of command is currently challenging their practices. Also I have appointment with a few civilian military law attorneys about this. Anyone's advice on this matter is greatly appreciated.
"
My situation is very unique. Some background about myself. I am 19 yrs and 5 months in the Navy and I am attached to a shore command. I am currently being charged with Articles 115, 120, and 129. My accusers was my former friend and his "fiancée." Both of them are civilians. The case was settled in civilian court during the pretrial and we able to show the judge my accusers were lying and DA decided not to pursue any further charges. Soon after I had put in my retirement/Fleet Reserves last June 2022. Last month my command brought these charges against me. I exercised my Article 31 rights and refused the NJP and requested a court-martial. I was then placed on a MEB by my provider for three different diagnoses of mental health that I have been dealing with for over 10 years. This week my command legal had slipped up and stated they have pending ADSEP paper work for myself. I recently found out from Title 10, 1176 section (a), states "A regular enlisted member who is selected to be involuntarily separated ,or whose term of enlistment expires any who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law." My retirement/Fleet Reserve package has been sitting be sitting at NPC 6 months because of my command legal. Did my command legal did something untechnical and illegal? My immediate chain of command is currently challenging their practices. Also I have appointment with a few civilian military law attorneys about this. Anyone's advice on this matter is greatly appreciated.