I was going through the same thing about my orders but I already had a wistleblower case open with the DAIG, a simple email was sent on friday and monday I was on new orders, Next thing you can do if not that contact a lawyer that represents MEB soldiers at the major medical facility closes to you and they can advocate for you and push buttons to make sure you are on orders and no not pre-retire. Then again if you like to read here you go
AR 635-200
Active Duty Enlisted Administrative Separations Page 11
1–24. Medical/dental care required or sick in hospital when period of service expires
a. A Soldier may only be considered for retention past the set release date when one or both of the following apply: (1) Continued health care is required (must be in-hospital status but not necessarily occupying a bed). (2) Physical disability processing is required or has been initiated. The request for retention will be submitted per b
and c, below. Soldiers determined medically fit for retention or separation will not be retained past the set release date. b. A Soldier being retired for maximum length of service or maximum age will not be retained on active duty unless his/her medical condition indicates referral of the case to a physical evaluation board. When retention is required, the hospital commander will notify Headquarters, Department of the Army (AHRC–EPR–F), 200 Stovall Street, Alexandria, VA 22332–0478, and request the Soldier’s retirement orders be rescinded. The request will include the medical diagnosis and expected date of case referral to the physical evaluation board for processing. c. No Soldier will be retained beyond his/her scheduled release date without written consent signed by the Soldier. (See fig 1–1.) (1) If the Soldier is mentally incompetent or otherwise unable to sign, the next of kin or legal representative will be
requested to sign for the Soldier. (2) The consent affidavit will be filed in the Soldier’s MPRJ or local file, as appropriate, U.S. Army. (See DA Form
201.) (3) A Soldier retained under this paragraph is subject to favorable or adverse personnel action including actions per
this regulation. However, if the Soldier later demands discharge, he/she cannot be retained on active duty for the sole purpose of taking such administrative action. An officer authorized by law to administer oaths under the UCMJ, Article 36, will swear the Soldier (insuring that the Soldier personally appears before the officer), and tell the Soldier—
(a) How he/she will benefit from remaining on active duty in the Army beyond the scheduled date of release to complete hospital care or a physical evaluation (or both) under chapter 61, 10 USC.
(b) If he/she elects to be discharged or released from active duty as scheduled, he/she will not, after such discharge or release from active duty, be eligible for separation or retirement for physical disability.
d. Note: If the Soldier is unable to sign and the next of kin or legal representative cannot be located or will not indicate whether or not the Soldier will be retained, the Soldier will be retained. The hospital commander will supply full details of the case including actions taken to secure consent for retention. The hospital commander will notify—
(1) The nearest military commander exercising general court-martial (GCM) authority for Regular Army Soldiers. (2) The appropriate State Adjutant General for ARNGUS (AGR) personnel. (3) The Commander, USA HRC (DARP-ARE), 1 Reserve Way, St. Louis, MO 63132–5200, for USAR (AGR)
Soldiers. e. The medical facility commander will— (1) Send requests for retention, endorsed by the Soldier’s unit commander, to the nearest GCMCA for the following
personnel: (a) Regular Army personnel. (b) ARNGUS and USAR personnel on IADT or AGR tours. Retention of ARNGUS personnel must be coordinated
with the appropriate State Adjutant General. The Adjutant General (ATTN: AHRC–PDZ–B) will be the approval authority for ARNGUS and USAR Soldiers on IADT or Active Guard/AGR tours.
(2) Include the following information in the request: (a) Soldier’s name, grade, and SSN. (b) Reason for separation (such as ETS). (c) Scheduled release date.
(d) A copy of the signed affidavit consenting to retention. (e) Medical reason for retention. (f) Medical recommendation (approval or disapproval). f. Retention requires approval by the GCMCA. The GCMCA may delegate this authority to other military or civilian
AR 635–200 • 6 June 2005 11
officials on his/her staff. Every action taken according to such a delegation will state that it is taken “pursuant to authority delegated by ___ dated ___.” The Adjutant General (ATTN: TACP–PDZ–B) will be the approval authority for ARNGUS and USAR Soldiers on initial active duty for training or Active Guard/AGR tours.
(1) A copy of the retention action on Regular Army personnel will be sent to Commander, U.S. Army Enlisted Records and Evaluation Center, 8899 East 56th Street, Indianapolis, IN 46249, for filing in the OMPF.
(2) A copy of the retention action for ARNGUS personnel will be sent to the appropriate State Adjutant General.
(3) A copy of the retention action for USAR (AGR) personnel will be sent to Commander, USA HRC, (DARP-FS) 1 Reserve Way St. Louis, MO 63132–5200.
g. Soldiers will be advised of the advantages of remaining on active duty. Soldiers will be furnished the following list of retention advantages:
(1) Advantages while remaining on active duty for completion of hospitalization or medical care or while being processed for disability:
(a) Medical care and/or hospitalization provided. (b) Receipt of normal benefits such as pay and allowances, including exchange and commissary privileges. (c) Eligibility for dependent medical care if Soldier is on AD or ADT under orders that specify a period of more
than 30 days or is under orders specifying a period of 30 days or less that are modified or extended resulting in more than 30 days.
(d) State income tax benefits where allowed by the laws of the states concerned. (2) Advantages, if processed and found eligible for disability separation: (a) If permanently retired, the Soldier may choose the pay most favorably computed per Army regulations, or under
the law under which he/she is eligible for retired pay. If temporarily retired, the same selection of pay is authorized, but the minimum pay will not be less than 50 percent of basic pay while temporarily retired.
(b) If retired, a former Soldier and authorized Family members would be eligible for certain medical care depending on facilities and staffing availability at Uniformed Services facilities and certain medical care in civilian facilities. (See AR 40–3.)
(c) If discharged for disability, Soldier will be entitled to severance pay.
(d) To the extent that retired pay is based on the percent of disability involved, such pay is excluded in computing gross income reportable for taxation.
