Posted on Feb 6, 2018
SPC Geospatial Intelligence Imagery Analyst
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My 8 years will be officially up on February 10th and I will be done. No IRR. Done. I was told I have to wait until I get my orders and I have to show up to every drill until that happens. Is this true?
Posted in these groups: Reserves logo ReservesMilitary discharge 300x201 ETS/EAS
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Responses: 6
1SG Civil Affairs Specialist
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NO, you should not.
If you do, they will have to do an annodated enlistment to reflect why you were paid beyond ETS.
They should code you in the pay book as Z, pending loss, until orders are cut.
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SFC Public Affairs Ncoic
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Interesting. The only reference to an annotated enlistment is here. Does it exist somewhere else? Or is that a made-up RPAC/retention thing? Curious how this all turned out.
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1SG Civil Affairs Specialist
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SFC (Join to see) - I've had a few of these where we had to extend "through no fault of the Soldier". They are imminently avoidable, but if the Soldier shows up for training after ETS, they must be done or the Soldier's pay will be collected back.
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SFC Public Affairs Ncoic
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1SG (Join to see) - Wow, that really shocks me. That means the Soldier would've drilled for free if they recoup the pay, which is a clear violation of 31 U.S. Code § 1342 (Voluntary services clause of the Anti-Deficiency Act). And the reason I ask is because I have a Soldier whose reenlistment is about to be invalidated, but not before he was ordered to 29 days of involuntary active duty. Curious what this fix would look like and legal authority to do so. Could retention just "extend" the Soldier to the point of their last duty day?
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1SG Civil Affairs Specialist
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SFC (Join to see) - That is exactly what they do, extend until the last duty day.
I can't say I agree with this either. Seems to me an ETS packet is about the easiest separation to do that there is.
A situation where the contract is invalidated is a different case, though.
What they should do is amend the contract to an ETS after the last duty day, with a reason code of "erroneous enlistment". The Career Counselor will resist this, because it counts as a negative in their retention numbers, but it what right looks like.
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MSG Intermediate Care Technician
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I'm betting dollars to pesos that your discharge orders with an effective date are already cut just sitting on someones desk waiting to be issued. I would contact your BN S1 to see if they are tracking your discharge orders. Or, you could also pay a visit to your reserve center RPAC and see if they have orders. If they do, and the date is effective on 10 Feb, then NO you will not need to show up to the next BTA........unless that date falls on a BTA weekend, then yes show up.
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SGT Eric Davis
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Make sure you out their system for you Won’t be AWOL if they still pay you after that date then go to drill but if not then do not go. Also don’t get out the service stay in!
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