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Once the QMP adjusted the ETS date, the previous ETS date in 2021 is no longer valid.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
