If I am QMP’d can the unit retain me past my QMP ETS date? | AskTOP.net - Leader Development for Army Professionals
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If I am QMP’d can the unit retain me past my QMP ETS date?

If a soldier's ETS date is in 2021 but the QMP board changed their separation date to May 1 2016, can the soldier be retained beyond this new separation date or can the army hold them to their "contractual ETS" in order to process an administrative separation? I know that AR 635-200 para 1-26 says "Retention beyond a Soldier's ETS to process administrative separation proceedings pursuant to this regulation is not authorized. If it is desirable to retain a Soldier beyond the ETS for any reason other than those covered by paragraphs 1-21 through 1-24, request for approval of such action must be submitted". Well, what if the unit actually submits this request? Is the soldier entitled to the request paperwork? Has this ever happened? Under what circumstances does HRC approve these requests?

This is an interesting case. There appears to be conflicting components in 635-200.

 

Extract of AR 635-200

Para 1-26 – prevents retention beyond ETS for administrative separation without DA approval.

QMP, para 19-2b. stipulates that the QMP is not intended to be a substitute for other warranted separations.  “The QMP is not intended as a substitute, and does not relieve commanders of the responsibility, for initiation of separation proceedings under other provisions of this regulation when required or appropriate.”

 

While para 19-12a. stipulates that once the QMP is approved, the discharge will occur 90 days after pre-separation counseling. “…Such discharge will occur 90 days after the Soldier receives pre-separation counseling as required by law (10 USC 1142), which may be scheduled before a final determination of discharge has been made or as soon as possible after a final determination has been made.”

 

Once the QMP adjusted the ETS date, the previous ETS date in 2021 is no longer valid. The question now arises if the unit can hold the Soldier past the May 1, 2016 ETS date while waiting for DA approval. I would say no, but that is left up to interpretation as the regulation is not clear.

I will reach out to one of my contacts to see if I can get a better answer.

SPECIAL THANKS TO ECK for answering this question

 

posted on 08/01/2017 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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