Posted on Jun 2, 2023
MAJ C Co E Liaison Officer To I Cdid
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This is just a research question because I couldn’t find a solid answer in the regs.
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Responses: 65
Maj Wayne Smith
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Edited >1 y ago
As a retired mustang MAJ, they tried to play that with me over a decade ago when papers were filed…and they lost! Yes IT is DAMN impossible unless drugs, battery etc. But in my case I wouldn’t play the politics and told my commander a young LTC to go pound sand. Guess what? after consulting with his CC he was told to cease and desist! Needles to say this flake was a DCnite academy grad. Had my buddy Navy Capt retire me. The best experience ever!
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SGT Rudy Gibson
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My company commander tried to chapter me. During 12th year of service, I broke my back. I was down for about 9 months. He said I was malingering and needed to take a PT test. Of course I failed. Long story short, with the help of JAG. I went through a med board and was medically retired. Total time in service 15 years. With me convalescing and going through rehabilitation the last 22 months.
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MSG Reid Zohfeld
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You can’t period
Once you pass 18 years it’s almost impossible do unless the soldier commits a crime
I had Major who could not pass height or weight or pass a PT test but he had 18 years
So like said before just leave him alone
Or just might get a congressional complaint which would ruin your career
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LTC Jorge Cordero
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Perhaps it was all rumors or just an out right lie, but I heard that one of the reasons congress approved "Sanctuary" when you hit 18 years was because the military was really good at forcing members out right before they got close to their 20 year pension and this way no pension was paid. So short of committing treason or murder, you must have a very good reason if this soldiers is that close to retirement.
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CSM Laurence Williams
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If he already has an approved retirement date, leave him alone. If he has committed a crime, then prosecute him and let the courts martial board decide his fate.
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PVT Shawn McDonnell
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With no indication (or even attempt to explain) what the infraction(s) might be, this looks like a fishing expedition. It’s probably very improper to take the question to a forum, rather than the IG or a Superior above yourself.

Lots of great points about propriety, morale and how the action could be viewed are brought up, and all are valid.

If there’s no criminal component, no risk of health or security to others, and this Soldier isn’t diddling your wife, why even ask the question at this stage?
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SCPO Lonny Randolph
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Inquiring minds want to know; why on earth are you researching punitive actions (I assume) on a Soldier who is about to retire? This stinks of the kind of thing companies used to do to people who were about to retire - find something they can be fired for so they don't have to pay the retirement. Of course, I could be entirely wrong about your motivation - maybe you are trying to find a way to retire him with a boost in pay...
Regardless I agree with Maj Ronnie Reams, leave the poor sod alone, he's done his duty and it time for him to move on to the next part of his life...
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Maj Wayne Smith
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Well now got your answer MAJ! Hopefully you or someone you know won’t venture in uncharted territory. DAMN NEAR IMPOSSIBLE! Good luck to anyone who tries…for YOUR Actions will be held accountable and questionable come next performance report. Raise your hand if you want a LOR or LOA. Don’t go there.
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Since I retired from the Air Force, I don't know the other branches stances on this, but if you have someone with an approved retirement date, unless they commit a crime, you pretty much leave them do the rest of their time in peace. When I was getting ready to retire, my paperwork would not go through due to a code - the code was for a profile - the profile was MEB pending (medical evaluation board). The USAF wouldn't let my paperwork move through the system for because of this - The MEB had been "pending" for over 2 years. So, I had to get a CMSgt (E9) at Headquarters to step in to get the paperwork to move. His advice was to allow the profile to run out and whatever happened, not to allow them to put another profile in my records or I would never get out. And, he also related that if they tried to put me out because of not being able to complete a PT test (medical board was because of a back fusion) to contact him and he would handle it. As soon as the profile ran out, the paperwork pushed through and that was the end of the BS they were pulling. Pretty sad that it takes a whole lot of string pulling and nonsense to retire....
SFC Carlos Cruz
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I can only imagine anyone else in this situation and should be left alone to go in peace to his retirement.
The soldier did his time with all due respect MAJ this should have never happened regardless of his situation allowing him to retire.

I believe he didn’t do something to prosecute when he is just a burn out, soldier. My advice is simple let him retire.
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