Being Held Hostage!!! Help me

bkwaidel

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I was found fit for duty in Mid-Jan 2019. My EAOS expired JAN 07 2019. The navy will not let me leave. I was involuntarily extended to JAN 2020. I have tried every Avenue possible and I cant seem to catch a break here. I have put in several requests to leave active duty and they have all been turned down. I did not sign up for 12 months additional. I have almost 9 years in and I am medically broken and tired. Please help!
 

RonG

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If your chain of command cannot help you, the assistance of the Judge Advocate General’s office or a civilian attorney might be
appropriate.

I will offer that it is unlikely that the Navy is keeping you on active duty without a legal reason such as making up “bad time” for
AWOL/unauthorized absence or enlistment requirements.

Ron
 

bkwaidel

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If your chain of command cannot help you, the assistance of the Judge Advocate General’s office or a civilian attorney might be
appropriate.

I will offer that it is unlikely that the Navy is keeping you on active duty without a legal reason such as making up “bad time” for
AWOL/unauthorized absence or enlistment requirements.

Ron
I have never even received a negative counseling in my career let alone being AWOL. I am looking for actual assistance. Instructions or literature. I have read through everything that I can think of because I know this situation is crap.
 

RonG

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I did not say you had been AWOL or had an unauthorized absence or even had an "enlistment requirement." I did say that the Navy likely had a legal basis for retaining you.
Another example would be "stop loss" which is the involuntary extension of a service member's active duty service under the enlistment contract in order to retain them beyond their term of service (ETS) date and up to their contractually agreed end of active obligated service (EAOS), although I am unaware of it being used currently.

Actual assistance would require information pertaining to the basis on which the Navy extended your enlistment (involuntarily on your part).

Perhaps your extension is related to the following: https://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1100Recruitinig/Documents/1160-050.pdf <----LINK
TITLE: VOLUNTARY OR INVOLUNTARY EXTENSION OF ENLISTED PERSONNEL BEYOND EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE SERVICE

MILPERSMAN 1160-050
1160-050 CH-65, 5 Oct 2018

Good luck,
Ron
 

PEBMember2017

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I have never even received a negative counseling in my career let alone being AWOL. I am looking for actual assistance. Instructions or literature. I have read through everything that I can think of because I know this situation is crap.
I agree with what @RonG said; there has to be some legal basis for them involuntarily extending you and the question is - what specifically is this basis?

What have they actually sat down and told you is the reason? This could be as simple as going to PSD in the morning and asking what is in your original or second re-enlistment orders contractually, etc. etc.

@bkwaidel There could be many reasons for your extension. Do you hold any critical NEC's, etc? If you provide more information about your rate and schooling, I or another forum veteran might be able to dial this down for you.
 

oddpedestrian

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This is odd and usually, the extensions are not that long have you spoken to Jag? This is a case where contacting your Congressperson could help shine some light on what is going on.
 

Kbert84

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According to the link posted by RonG... You should have had to sign a document for the extension. At least that is how I interpret it. I would definitely speak to JAG.
 

chaplaincharlie

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Pull out your DD form 4 and read the back.

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0004.pdf

pay attention to wording like

Laws and regulations that govern military personnel may change without notice to me. Such changes may affect my status, pay, allowances, benefits, and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/ reenlistment document.
 

Lawyers Serving Warriors™

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Not sure if you are interested, but if you were found FIT in January 2019, and your PCM still thinks your condition makes you unfit, he or she can re-refer you in June. While that wouldn't address the EAOS extension, it would potentially allow your separation earlier than your new EAOS. Also, if you are on EAOS for a medical hold, you may be allowed re-referral sooner than June. Finally, if you think you were found unfit unfairly, you can apply to NVLSP. We will review your case for placement at the BCNR and/or Litigation. You can apply here: https://nvlsp.secure.force.com/WhatWeDo/
 
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