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How long can an Administrative Separation take in the SMCR and in the IRR ? It's for a commission of serious offense.

Glendale, CA |
Filed under: Military law

Was convicted at a summary plea deal but, received no punishment. Currently in the process of appealing it for lack of jurisdiction. Command responded immediately after summary results to administratively separate me. I'm 5 months away from my complete end of contract. My adsep package came with a disclaimer of requiring a PTSD and TBI evaluation. It gave me a notice of 45 days to begin medical evaluations before the unit can begin adsep procedures because of my prior combat experience. I will get rated for PTSD once I start the evaluations. So..... How long will it take to adsep in the SMCR ? If I drop to the IRR how long can that take ? Can I run out my EOS clock with medical eval/treatment ?

Attorney Answers 1


No way to tell re the board process--depends on lot of factors.

No point in trying to game the system. Your EAOS will simply be adjusted until your legal and medical issues are finally adjudicated.

FYI. You command likely had no alternative but to recommend your adminstrative separation--if the charges were serious (as you indicate they are) its likely automatice and the COC has no say in the matter.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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