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GaryRay

mil question

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THIS IS NOT LEGAL ADVICE: I urge you to pose this question to a JAG lawyer (I've never practiced military law).

With some very quick research, I note that the DOD has from time to time issued various guidelines for promotion during terminal leave - generally they require X amount of service in previous grade (example, 2 years), plus a minimum efficiency rating (example, 35 or 40, etc.) I quickly scanned a few Federal Appeals Court cases dealing with this subject in which it appeared that the military has a great deal of discretion in granting or disapproving promotions during terminal leave.

I also found an online copy of the " MARINE CORPS SEPARATION AND RETIREMENT MANUAL; APPENDIX J - RETIREMENT PREAPPLICATION CHECKLIST " at this link:

http://74.125.47.132/search?q=cache:5HUahjLAyigJ:www.sdmcp.org/Regs/marcorpsepman/AppJ.pdf+promotion+%22terminal+leave%22+marine&cd=1&hl=en&ct=clnk&gl=us

I have no idea if this is the currently-applicable manual, or if this provision applies to your individual situation. However, please note the sections dealing with "Effects of Retirement on Promotion Eligibility", and "Terminal Leave".

AGAIN - I have no idea how much, if any, of the above might apply to you. You need to speak with a JAG lawyer or other lawyer very well-versed in military law and Marine regs.

I imagine that some non-lawyers who have or have had a military career may have an informed opinion, too. But in my mind, this qualifies as a legal issue; and my general default advice to people is to get their legal advice principally, if not exclusively, from lawyers.

Good luck!

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primarily Marine but will work for any, do you know if a SNCO can non-req a Marine while the Marines is on terminal?



On terminal leave, as in, getting out of the military terminal?

I think it depends on the rank. What rank are you up for promotion for? If it's E4 or under, I don't think there's much you can do. But if you appeared in front of a promotion board for E5 or E6, or are on an a list for automatic promotion, then the senior NCO is being an @sshole and you might want to escalate.

That being said, if you're on terminal leave (leaving the military), why does it matter?
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

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primarily Marine but will work for any, do you know if a SNCO can non-req a Marine while the Marines is on terminal?



On terminal leave, as in, getting out of the military terminal?

I think it depends on the rank. What rank are you up for promotion for? If it's E4 or under, I don't think there's much you can do. But if you appeared in front of a promotion board for E5 or E6, or are on an a list for automatic promotion, then the senior NCO is being an @sshole and you might want to escalate.

That being said, if you're on terminal leave (leaving the military), why does it matter?




A. Because you never know when you might go back.


B. Retirement pay.

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i have the score for E5, and its not really so much of a legal matter as it is my snco having the ability to tell the Sgtmaj that he doesnt believe i can be a sgt, the last time he did that i had to sign something saying i accept it, if i dont i can contest it within 5 days of it happening...this question can most easily be answered by a senior leader who has non-req'd someone previously. not really legal advice...

and for why i am worried about it, i would be happy to finish off my 5yrs as a SGT instead of a CPL, i would get more for un-employment and it would juts be nice to say i was a sgt when people asked me :).
JewBag.
www.jewbag.wordpress.com

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If you earned SGT, then it should be given, it is chickenshit to kick a guy when he is already leaving.


I never knew of a friend who did that to someone.

In fact one mourned the fact he did not, and a person who later became a SGM under Clinton's affirmative action experiment went on to fuck up so much it was sickening.

She was not a bad SGT, but when she became SFC she was a total fuckup.

Her platoon was a complete failure and she was rewarded by quick promotions. 92G

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Is there a time remaining in service requirment for the Corp like the Artmy has?

For example the Army wants two more years after a promotion to E-6 to E-9.

But the other part sounds funny.

Matt



AF has those requirements also... but since he is only going for E-5 than that is not an issue.

And a SNCO cannot stop your promotion... but he can convince your Commander to do so. Then it comes down to fighting that decision with the help of a military lawyer.

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