Posted on May 12, 2018
SPC Infantryman
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also i'm under the impression i'll get am other the honorable
Posted in these groups: Legal 6 Leave
Edited >1 y ago
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Responses: 8
SGM Erik Marquez
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Edited >1 y ago
Chapter 13, para (6) The Soldier’s potential for advancement or leadership is unlikely. b. Commanders will initiate separation action only when the Soldier is under military control. As an exception, commanders may initiate this action when a Soldier is confined by civil authorities and his/her military record indicates that he/she should be processed for separation by reason of unsatisfactory performance. (See chap 2, sec III for completing proceedings initiated before a Soldier departs absent without leave.) c. This provision applies to Soldiers who are pregnant and whose substandard duty performance is not caused solely by pregnancy. Substandard duty might include failure to report to duty without medical or military authorization or refusal of CONUS reassignment during the first 6 months of pregnancy. d. Commanders will consider a Soldier meeting the criteria of a, above, and convicted by court-martial but not sentenced to a punitive discharge, for administrative separation under this chapter when the underlying misconduct and the Soldier’s performance warrant separation. When appropriate, commanders may start separation action while the Soldier is serving a sentence to confinement at the installation detention facility. e. Initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the Army physical fitness test per AR 350–1 or who are eliminated for cause from Noncommissioned Officer Education System courses, unless the responsible commander chooses to impose a bar to re-enlistment per AR 601–280 (RA Soldiers) or AR 140–111 (USAR AGR Soldiers)."




As this separation is used for a wide verity of reasons, from inability to advance in rank, to being incarcerated in a civilian facility, to post court marshal convection that did not issue a punitive discharge....

You did not provide enough background to give an opinion as to what type of service characterization you might receive but it will be either honorable or under honorable conditions as those are the only two options available to the separation authority for this chapter separation.

"13–10. Characterization of service The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. (See paras 3–5 and 3–7.) An honorable characterization of service generally is required when the Government initially introduces limited use evidence. (See paras 3–8a and g.) "

As to your accrued leave, I see no provision for reducing or limiting your leave options due to the separation.. They should be, what is allowance commonly under the regulation.
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LCDR Retired
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Thank you for the explanation, SGM Marquez. This OLD, old retired Navy guy was totally lost until your remarks.
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SSG Robert Perrotto
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Yes - you can sell your leave, no - you probably will not be able to take it. Seems to me you stepped on your crank one too many times, while not meeting the criteria of it to be grounds for a misconduct chapter. Without knowing the specifics of your chapter, it seems you made some poor and questionable judgement decisions that have caused your chain of command to lose faith in your ability to advance beyond your current rank.
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1SG Civil Affairs Specialist
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I won't retread ground that has been trod already... but questions arise.
The answer to your question is that you will almost certainly be allowed to sell leave unless there is much more to the story.
Taking leave is probably dependent on how the discharge process goes and whether you stay on the straight and narrow.
Keep your nose clean, and the CoC won't have a reason to not support your preferred disposition of leave.
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