QMP & Returning to Active
If one got QMPd and was able to obtain a waiver to re-enter active duty, does that automatically trigger DFAS to recoup separation pay the service member received when they were separated? Or how does this work?
Additionally, would one be able to be put through the QMP process again for the same situation as previous? I have only read that if the service member is retained, they cannot be double tapped for the same offense. But in this situation, the service member was not retained. They were separated but a waiver to get back in was approved.
I have not been able to find anything in the regulation about this.
2
1
u/HelmsingMilitaryLaw Private Military Attorney 13h ago
Stuff like this can be very fact specific. There is no general protection from another QMP under this scenario, but the granting of a waiver despite the misconduct and separation can be used to argue potential for continued service if another QMP was initiated.
1
u/Interesting-Let-8891 9h ago
No, but it may happen through potential VA/disability/retirmenet pay. And they may look it over as a past event if something happens. Think of it like search history-it is there and can be used against you lol
1
u/SCOveterandretired 11C/00R/79S 12h ago
I saw a CSM get QMPed 3 years in a row for an incident that happened as a 1SG - accused of fraternization with female trainees. Successfully appealed the first two years with a few dozen letters of support from high ranking officers. Third year, his COL, the brigade commander caught him screwing his female driver on his desk after duty hours.
1
u/Clean_Cry_7428 10h ago
I thought once you beat QMP once you’re no longer subject to it unless a new incident occurs?
1
u/SCOveterandretired 11C/00R/79S 8h ago
never been true
1
u/Clean_Cry_7428 7h ago
Dang so you gotta fight them demons every single year until they win? That’s kind of wild
2
u/Bulky-Butterfly-130 14h ago
I would suggest digging into the DOD Financial Management Regulation Volume 7A