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Can I be held past my ETS date for an administrative separation board?

I'm currently 1 month from my ETS date, but I have an administrative separation board pending as I popped hot on a UA. I was told by my commander that I couldn't ETS until I my board was concluded. Can my commander legally retain me beyomd my ETS for a separation board?

 Bottom Line Up Front (BLUFF):  The command CANNOT extend a Soldier past their ETS date for an administrative separation.  The command can only extend a Soldier past their ETS if they intend to take the Soldier to Court-Martial.  I have NEVER seen this happen for one positive UA.

Unit commanders frequently try to do this and get upset when they are told they can’t.  This will probably be one of the cases where the command wants to separate the Soldier under a Chapter 14-12c, Serious Misconduct, with a General Discharge, but they just don’t have enough time to complete the action before the Soldier’s ETS.  The Soldier will ETS with a Honorable discharge with all benefits.  The only thing the command can really do is max the Soldier out on a Field Grade Article 15.

posted on 04/14/2014 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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  • Jessica King

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    I was just told by my company commander of the 203rd MI BN that my battalion commander has decided to make/change mY nondeployable status to deployable. My AKO clearly states nondeployable. To add I am 3 months away from my ETS date. Is this legal/ possible?

    • Mark Gerecht

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      See your retention counselor. They are the ones that change your ETS if at all. Also BN cdr probably wants the soldier listed as deployable for USR purposes. Deployability is being highly scrutinized and bde cdr probably wants name by name and reason. Just because you are ETSing does not make you nondeplyable. It pertains to medical.

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  • David

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    Can I be held past ets for civilian court case ?

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