Posted on Aug 7, 2017
My 6 is set to end October, 2017 - Can a 'pending' Board Hearing hold my ETS Paperwork up even though my contract states 6 and 2?
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As stated above, my ETS date is for October, 2017 but my Unit is attempting to get me to a board hearing before then even though my JAG Attorney still hasn't heard anything from them. Am I still going to be able to get out as scheduled even though my Unit is basically pressing charges against me for something I have prove never happened? My 6 is up in October and I am serving 2 in the IRR after.
Posted in these groups: 
ETS/EAS
Military Career
ETS/EAS Military Career
Posted >1 y ago
Responses: 10
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Get off the internet about your pending legal issues. Go ask your Lawyer or TDS.
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If they wish to, they can extend your contract to punish you. Talk with your lawyer. They're sure to have a much better grasp on the situation than any of us could especially because you don't want to and shouldn't share any more information with us
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Yes, it's possible. It happened to a buddy of mine. He was actually partying for his upcoming ETS about 2 months out and did some cocaine. He was caught in the act by an MP who he then struggled to get away from. After being detained, and chargers were filed, his command extended his ETS pending the outcome of the trial. They extended him for 6 months and was found guilty of both charges and the sent him to Leavenworth for 2 years. I know this is probably too much info, but my point is, yes, they can. Like the Captain above stated, depending on the severity of your offense as well.
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SPC(P) Alexandra Hinds
SGT, my offense isn't severe considering I have paperwork stating that they messed up somehow. I don't want to get into specifics, especially online where others can see but my JAG Attorney told me that if they do not push the Board hearing prior to when my ETS date is, I will get out with an Honorable Discharge. This whole thing is just seriously confusing considering I have never had this happen in my almost 6 years and there is no reason for it to. I appreciate all the comments! I did message my JAG Attorney and asked him also.
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SGT Ryan Duffee
You should be in good shape. Most commanders I've known or worked around don't like dealing with UCMJ stuff anyway, it's more annoying than anything else, so if you've been a good Soldier up until your issue and no ones pushing the issue on anything, then there should be no reason to stop you from ETSing. Now, be careful to check out your RE code on your DD-214. I'm not sure if you're planning to ever return to the military, but your RE code can prevent that if they try to affect it in anyway. They can still give you an Honorable Discharge, but bar or restrict your re-enlistment for the future. You'll get that info if they decide to do it before you sign paperwork. But, sounds to me like you're okay, just got to wait it out, but sounds like you'll be fine. Good luck with everything and thank you for your service!
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