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Will I Lose All of My Accrued Leave if I am Waiting on a Conditional Wavier to be Approved for My Chapter Separation?

I am waiting for an answer on my conditional waiver for a honorable discharge in lieu of a separation review board. My Cmd has already approved transition leave and I should start clearing next week. That being said, transition called my cmd asking if my ets was a chapter or regular because of the code on my record (9J). My CMD said he did not know and never fully answered so I have no orders. I would be able to clear (with post papers) with a memo to clear without orders. I am prior service and have already sold leave upon that ets (pregnancy chapter). If I am unable to clear and be out soon I will lose all of my leave. TDS told me that I could ETS with leave prior but I cannot find anything in regulations or anything else. I have also done many searches online with no luck. I need guidance and help please

Bottom Line Answer

Once you chapter is approved, the Separation Transfer Point (STP), will adjust your separation date to allow for the number of days of approved transition leave. If you are coming up on your ETS date and have already sold 60 days of leave during your career, then you may very well lose some of your accrued leave. Your other option is to take ordinary leave while waiting for the chapter to be decided.

Discussion

In this case, you have to wait until the separation authority makes the decision on your conditional waiver. Much depends upon who the separation authority is and how quick it comes back. If it was referred for an Other Than Honorable, the chances of receiving an Honorable are slim. However, if you were referred for a General discharge, then the Brigade Level Commander is the separation authority and you may get the waiver.

posted on 01/17/2018 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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