Posted on Dec 7, 2022
If I received ETS orders and clearing papers, can my Chain of Command revoke them and chapter me for not making sufficient body fat progress?
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Earlier today, I conducted a HT/WT with my unit, although the results it shows says that I have gained weight, my screenings from a Body Composition test show that I have increased my overall muscle mass and decreased my overall fat mass.
After concluding the mornings HT/WT I was then informed by an NCO who notified me that my ETS orders can be revoked and that I can still be chaptered by my Command for not making sufficient progress.
My question then, is this: If I received ETS orders and clearing papers, can my Chain of Command revoke them? Can my Chain of Command chapter me despite having ETS orders?
After concluding the mornings HT/WT I was then informed by an NCO who notified me that my ETS orders can be revoked and that I can still be chaptered by my Command for not making sufficient progress.
My question then, is this: If I received ETS orders and clearing papers, can my Chain of Command revoke them? Can my Chain of Command chapter me despite having ETS orders?
Height and Weight
ETS/EAS
Chain of Command
Career Advice
Military Career
Posted >1 y ago
Responses: 15
Nope. Empty threat.
Chapter 18s are only used if that is the sole basis for separation. You're a "Chapter 4" separation - Separation for the expiration of service obligation.
Very clear in the reg* - "Separation action under this chapter will not be initiated against a Soldier who meets the criteria for separation under other provisions of this regulation."
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* AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 18
Chapter 18s are only used if that is the sole basis for separation. You're a "Chapter 4" separation - Separation for the expiration of service obligation.
Very clear in the reg* - "Separation action under this chapter will not be initiated against a Soldier who meets the criteria for separation under other provisions of this regulation."
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* AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 18
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Not really an answer to your question, but I have never understood the mindset of vindictive leaders trying to create problems that doesn't exist.
They're acting like ETS is a favorable action you need to remove your lag for.
They're acting like ETS is a favorable action you need to remove your lag for.
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Enlisted Soldiers are only allowed to be retained past ETS when being referred to Court Martial.
AR 635-200
1–23. When investigation is initiated with view to trial by court-martial or Soldier is awaiting trial
or result of trial
a. In accordance with UCMJ, Art. 2 and UCMJ, RCM 202(c), a Soldier may be retained after his or her term of
service has expired when one of the following applies:
(1) An investigation of the Soldier’s conduct has been started with a view to trial by court-martial.
(2) Charges have been preferred.
(3) The Soldier has been apprehended, arrested, confined, or otherwise restricted by the appropriate military authority.
You can't even be held past your ETS date to face UCMJ proceedings or punishment.
However, your transition leave can be revoked and you can be flagged. If you were transitioning into the RC, that will be canceled and you'll need a waiver to join the RC or rejoin the RA in the future.
AR 635-200
1–23. When investigation is initiated with view to trial by court-martial or Soldier is awaiting trial
or result of trial
a. In accordance with UCMJ, Art. 2 and UCMJ, RCM 202(c), a Soldier may be retained after his or her term of
service has expired when one of the following applies:
(1) An investigation of the Soldier’s conduct has been started with a view to trial by court-martial.
(2) Charges have been preferred.
(3) The Soldier has been apprehended, arrested, confined, or otherwise restricted by the appropriate military authority.
You can't even be held past your ETS date to face UCMJ proceedings or punishment.
However, your transition leave can be revoked and you can be flagged. If you were transitioning into the RC, that will be canceled and you'll need a waiver to join the RC or rejoin the RA in the future.
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SFC (Join to see)
CSM Charles Hayden incapacitation/hospitalization and ETS while enroute back to the US are the only other two authorized reasons a person can be retained past ETS without their written consent.
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Cpl Vic Burk
SFC (Join to see) - I saw a guy get held after his enlistment expires for medical reasons. Two weeks before his EAS he broke his leg in a skiing accident. They wouldn't release him until his leg healed. Really pissed him off!
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SFC Barbara Layman
I had been accepted to BNOC and as a result, my ETS was extended by 3 months. Instead of a 15 Jun ETS, I was released on Sep 15.
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