Take the BOI or Request Resignation?

[billyp1970]

What is the name of your state? Florida

Ok, I posted a thread on here the other day, it's about 4 down from here...titled "Help"

From what I understand BUPERS has my CO's recommendation for a Board of Inquiry, does anyone know how often (roughly) the BUPERS rejects the CO's recommendation?

My obligation is up in December of this year; I had planned on retiring at 20, (I have 16 years in, but since there is time spent in the Reserves, I actually have about 6 1/2 years to retire) but given the fact that:

1) If the BOI does convene, there's the possibility that I could be removed from service with a BCD.

2) If the BOI doesn't convene, or they find to retain me I still have the Punitive Letter of Reprimand in my jacket. It's my understanding that the LOR stays in my jacket forever, and will severely reduce my chances for O-4. Times passed over and...here's the door.

I plan on talking to a JAG, but I'm looking for all the advice I can get, should I request to resign my Commission?

[rmet4nzkx]

Originally Posted by billyp1970

What is the name of your state? Florida

Ok, I posted a thread on here the other day, it's about 4 down from here...titled "Help"

From what I understand BUPERS has my CO's recommendation for a Board of Inquiry, does anyone know how often (roughly) the BUPERS rejects the CO's recommendation?

My obligation is up in December of this year; I had planned on retiring at 20, (I have 16 years in, but since there is time spent in the Reserves, I actually have about 6 1/2 years to retire) but given the fact that:

1) If the BOI does convene, there's the possibility that I could be removed from service with a BCD.

2) If the BOI doesn't convene, or they find to retain me I still have the Punitive Letter of Reprimand in my jacket. It's my understanding that the LOR stays in my jacket forever, and will severely reduce my chances for O-4. Times passed over and...here's the door.

I plan on talking to a JAG, but I'm looking for all the advice I can get, should I request to resign my Commission?

What did you do that would result in a BCD? If there are charges pending you may not be allowed to resign your commission.

[badapple40]

You cannot get a BCD. BCD's are reserved for enlisted personnel who are convicted at special courtmartial. You could, however, end up with an other than honorable administrative discharge. Thats bad because you lose your retirement.

If you can get to 18 years in, you get protected status that makes it really hard to get rid of you short of a court-martial.

As for BUPERS, I have no clue, thats a navy thing.

[billyp1970]

Ok, I was found guilty at a Captians Mast of two counts Art 92 (Disobeying a Lawful Order) and one count Art 133 (Conduct Unbecoming an Officer). I have 16 years in although only 12 count twords retirement since I did some time in the Reserves.

I found out today, that my CO has not submitted his recommendation for me to "show cause for retention" (in otherwords for a BOI) as of this time. The gent I spoke with said he wasn't sure if he was going to or not, but I hardly have known a CO to go back on something like that.