Would I possibly be recalled for something outrageous on terminal leave?

2022-11-13T23:38:48-05:00

So I’m not gonna go into too many details because of legal reasons. But I am being told I am being SHARP by an ex GF who is also in for some reasons I know I must have said when we broke up. Long story short, l see it as a way to get back at me and that I no are not considered SA. I have been on ETS LV for about a month and ETS next year. I am really not trying to be recalled esp when I have 1 month left. I’m calling legal tomorrow to see if this is even relevant to me.

Response by SGT Private RallyPoint Member made Nov 14 at 2022 12:22 AM

2022-11-14T00:22:57-05:00

It's best to get your advice from legal.

Response by SFC Private RallyPoint Member made Nov 14 at 2022 6:49 AM

2022-11-14T06:49:03-05:00

There's nothing Legal can do for you here, this is an administrative process. Your Commander is authorized to pull you back from leave until you ETS. Whether they do or not, is completely at the discretion of your Company Commander. Legal, IG, EO, and even your Congressman cannot overrule your Commander in this.

If they choose, they can recall you from leave and administer UCMJ or even administratively separate you. If your charges warrant a court martial, you can be retained past your ETS to complete the court martial.

However, what they cannot do is retain you past your ETS to separate you or punish you. The only way to be retained past your ETS is of your charges warrant a court martial, usually that would be charges that would result in a felony for most cases.

Response by COL Randall C. made Nov 14 at 2022 7:01 AM

2022-11-14T07:01:56-05:00

Could you be recalled for "something outrageous"? No.
Could you be recalled for reasons such as investigations or UCMJ proceedings? Yes.

The authority to recall a Soldier lies with the commander - they are the one that will make the call if there is any merit to the allegations (in regards to recalling you from transition leave).

The commander can recall a Solider for "military necessity". That term is broad to give flexibility to the commander, but what it "military necessity" for them might be "outrageous" for you.

As SGT Private RallyPoint Member said, it's best to get your advice from legal.

Response by SFC Casey O'Mally made Nov 14 at 2022 7:35 AM

2022-11-14T07:35:46-05:00

Can you? Absolutely.
Will you? Maybe.

This is a "juice worth the squeeze" situation.as you won't give details (understandably so, no judgment here),it is hard to say.

As SFC Private RallyPoint Member said, I is Commander' call. If we are talking a purely Army thing, which would not be considered a crime in the civilian world AND where ignoring it would not send a strong message of "condoning" such behavior, then you are likely to be left alone. The chances of being recalled for something that will result in a summarized or Company grade are low. Not none, but low.

However, EO and SHARP issues rarely fall in to this category. If I were you, based on what little you have said, I would start making sure I can still fit in my ACUs and keep up with my PT.

Response by LTC Private RallyPoint Member made Nov 14 at 2022 7:59 AM

2022-11-14T07:59:04-05:00

I wouldn't worry about it until you are notified. Unless you are local ask for them for transportation back to the duty location.

Response by SSgt Christophe Murphy made Nov 14 at 2022 8:28 AM

2022-11-14T08:28:11-05:00

It ultimately depends on the context, details and as others have said if the juice is worth the squeeze. Commanders have the ability to call you back. Whether they will or not depends on the details, context and if there is evidence to prove it. If it is a he said, she said that is one thing. But if there is evidence of a major violation that would change things. It also changes if it is a court martial level offense.

Response by SFC Private RallyPoint Member made Nov 14 at 2022 10:54 PM

2022-11-14T22:54:04-05:00

Can we please stop using SHARP as a verb? "I'm being SHARPed." No one gets "SHARPed." SHARP is just the program.

You do realize this is a public forum right? So if you're under any kind of criminal investigation, you definitely shouldn't be posting about it on a public forum as this could be used against you in any proceedings. Just fysa.

If someone accused you of sexual assault, it's definitely "relevant" to you. Also they don't have to "recall" you to make you come in and testify or to even charge you. You can be charged, if they have enough evidence, even after you ETS. In fact I know of a friend who is a victim and when her perpetrator's case went to court martial, she had already ETSed and she had to fly from Delaware back to Fort Riley for the trial.

Bottomline - you should probably find a way to delete this and talk to legal or go hire a civilian lawyer and only talk to them.

Response by SCPO Private RallyPoint Member made Nov 15 at 2022 11:59 AM

2022-11-15T11:59:04-05:00

If you're on terminal leave you are still in the military. It doesn't matter what you are now currently doing or where you are now currently physically located in the world.

Response by Lt Col Jim Coe made Nov 15 at 2022 12:19 PM

2022-11-15T12:19:25-05:00

Your story is a little hazy. I recommend you seek legal advice and stay off social media. You can be recalled from leave for any reason your Commander deems appropriate. You are a military employee of the US Army until the date on which your enlistment expires unless otherwise changed by the Army. Therefore, I would say you're subject to all the laws, directives, and regulations of the Army up until your separation date.

Response by MSG Private RallyPoint Member made Nov 15 at 2022 2:37 PM

2022-11-15T14:37:57-05:00

Can you be recalled from Leave? Yes you absolutely can. Until such time your actual Discharge date comes to pass, you are still on the Army books and your Leave can be rescinded at the direction of the Commander. Bear in mind that several folks have been recalled from retirement to face Court Martial.

Response by CW3 Charles Morris made Feb 11 at 2023 4:14 PM

2023-02-11T16:14:13-05:00

Saw folks on terminal leave during Operation DESERT SHIELD 'stop lossed' and sent to the sandbox for the duration.

Response by SSgt Private RallyPoint Member made Feb 17 at 2023 12:03 AM

2023-02-17T00:03:49-05:00

Yes they can recall you if they want to run a formal investigation and file charges. They could also hand it over to civilian authorities. My Captain recalled a LT from terminal last week because they failed to sign a relief document for a supply account.

Response by PO2 Roland DeLeon made Mar 14 at 2023 3:03 PM

2023-03-14T15:03:42-04:00

Being means you are still can be called. The reserved status you are subject to be recalled.

Response by SPC(P) Brandon Jenkins made Mar 15 at 2023 3:46 PM

2023-03-15T15:46:33-04:00

You should call legal, but you have to understand they are obligated to investigate all allegations against you.

Response by MSgt Frank Martin made Mar 17 at 2023 10:21 PM

2023-03-17T22:21:25-04:00

Not sure about your situation.. but as a MSgt in the USAF I was recalled in during my terminal leave for a stupid reason..To meet the new incoming commander. She simply wanted to see every NCO in the unit..and despite the fact I was on leave towards retirement.. I had to come in..

My office was closed as my career field was deleted, my equipment list was closed down after inventory.. Ah well that was years ago.

But if they are trying to burn you for an allegation.. I would be prepared for having a lawyer present.

Response by LTC Paul Labrador made Mar 23 at 2023 2:04 PM

2023-03-23T14:04:35-04:00

Could they call you back from Terminal Leave? Technically yes. Until the day you ETS out and have that DD214 in hand, you're still on Active Duty, and are still subject to all regs and UCMJ. Now, typically they won't bother you unless there are some very serious issues going on. Some have mentioned UCMJ action. Another scenario is an act of war occurring. If, for example, another 9/11 type incident happened while on Terminal leave, thr Army could stop loss you until they figure out what their future needs are going to be. That's easier for them than to release you to the IRR (if you still had obligated time) or retired rolls, just to recall you.

Response by SSG Shawn Mcfadden made Mar 27 at 2023 6:27 AM

2023-03-27T06:27:51-04:00

Unless the Country is at war, and is in desperate need of people, I wouldn't worry.