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Can a Soldier be held past their ETS to process a separation action that does not involve a courts martial?

I have a Soldier facing a chapter under 14-12c. His ETS date is within 1.5 months. There is no way the chapter packet will be completed prior to his ETS. There is nothing related to a court martial involved. The Chain of Command is saying they are going to hold the Soldier past his ETS date. Also can he obtain orders to clear while this is going on. No one in my chain seems to know what to do or where to find the info. He is a good kid and I would like to help him as much as I can.

If a Courts-Martial is not an option then the Soldier will not be held past their ETS date.

AR 635-200, para 1-22a covers holding past ETS for Courts-Martial action.  The criteria to hold a Soldier is that:

 Soldier may be retained after his/her term of service has expired when one of the following applies:

(1) An investigation of his/her conduct has been started with a view to trial by court-martial.

(2) Charges have been preferred.

posted on 06/27/2014 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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