Posted on Nov 13, 2022
Would I possibly be recalled for something outrageous on terminal leave?
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So I’m not gonna go into too many details because of legal reasons. But I am being told I am being SHARP by an ex GF who is also in for some reasons I know I must have said when we broke up. Long story short, l see it as a way to get back at me and that I no are not considered SA. I have been on ETS LV for about a month and ETS next year. I am really not trying to be recalled esp when I have 1 month left. I’m calling legal tomorrow to see if this is even relevant to me.
Legal Services
Article 15
Human Resources
Posted 2 y ago
Responses: 16
Could you be recalled for "something outrageous"? No.
Could you be recalled for reasons such as investigations or UCMJ proceedings? Yes.
The authority to recall a Soldier lies with the commander - they are the one that will make the call if there is any merit to the allegations (in regards to recalling you from transition leave).
The commander can recall a Solider for "military necessity". That term is broad to give flexibility to the commander, but what it "military necessity" for them might be "outrageous" for you.
As SGT Charlie Lee said, it's best to get your advice from legal.
Could you be recalled for reasons such as investigations or UCMJ proceedings? Yes.
The authority to recall a Soldier lies with the commander - they are the one that will make the call if there is any merit to the allegations (in regards to recalling you from transition leave).
The commander can recall a Solider for "military necessity". That term is broad to give flexibility to the commander, but what it "military necessity" for them might be "outrageous" for you.
As SGT Charlie Lee said, it's best to get your advice from legal.
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There's nothing Legal can do for you here, this is an administrative process. Your Commander is authorized to pull you back from leave until you ETS. Whether they do or not, is completely at the discretion of your Company Commander. Legal, IG, EO, and even your Congressman cannot overrule your Commander in this.
If they choose, they can recall you from leave and administer UCMJ or even administratively separate you. If your charges warrant a court martial, you can be retained past your ETS to complete the court martial.
However, what they cannot do is retain you past your ETS to separate you or punish you. The only way to be retained past your ETS is of your charges warrant a court martial, usually that would be charges that would result in a felony for most cases.
If they choose, they can recall you from leave and administer UCMJ or even administratively separate you. If your charges warrant a court martial, you can be retained past your ETS to complete the court martial.
However, what they cannot do is retain you past your ETS to separate you or punish you. The only way to be retained past your ETS is of your charges warrant a court martial, usually that would be charges that would result in a felony for most cases.
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CPT Jay Andersen
Remember too that for Korea, Vietnam, and other instances, soldiers were and can be involuntarily extended. Like if the balloon goes up with China or Russia.
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Can you? Absolutely.
Will you? Maybe.
This is a "juice worth the squeeze" situation.as you won't give details (understandably so, no judgment here),it is hard to say.
As SFC (Join to see) said, I is Commander' call. If we are talking a purely Army thing, which would not be considered a crime in the civilian world AND where ignoring it would not send a strong message of "condoning" such behavior, then you are likely to be left alone. The chances of being recalled for something that will result in a summarized or Company grade are low. Not none, but low.
However, EO and SHARP issues rarely fall in to this category. If I were you, based on what little you have said, I would start making sure I can still fit in my ACUs and keep up with my PT.
Will you? Maybe.
This is a "juice worth the squeeze" situation.as you won't give details (understandably so, no judgment here),it is hard to say.
As SFC (Join to see) said, I is Commander' call. If we are talking a purely Army thing, which would not be considered a crime in the civilian world AND where ignoring it would not send a strong message of "condoning" such behavior, then you are likely to be left alone. The chances of being recalled for something that will result in a summarized or Company grade are low. Not none, but low.
However, EO and SHARP issues rarely fall in to this category. If I were you, based on what little you have said, I would start making sure I can still fit in my ACUs and keep up with my PT.
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SFC Casey O'Mally
SSgt (Join to see) it's regular leave. It's just taken at the very end of the term of service, such that your last day of leave is also last day of service.
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