Virginia Army National Guard Staff Sgt. Daniel Abbott is facing separation after his involvement in a local militia became the subject of media attention late last year.
The notification specifically cites military policies prohibiting extremism within the ranks, but Abbott contends he has done nothing wrong.
Extremism in the military became a cause célèbre after numerous military personnel and veterans were involved in the breach of the U.S. Capitol on Jan. 6, 2021.
Shortly after President Joe Biden took office that year, the Defense Department ordered a stand-down to address extremism.
If his involuntary separation proceeds as planned, Abbott stands to receive a general discharge under honorable conditions.
Such a discharge status would fall below the most favorable characterization of “honorable discharge,” but would be more favorable than an “other than honorable” discharge.
Davis Younts, a former Air Force judge advocate general now representing Abbott as a civilian attorney, said any status less than a full honorable discharge can carry negative repercussions, hindering a veteran’s future employability and benefits.
Abbott, 38, joined the Army’s active component in 2013 and moved over to the Virginia Army National Guard in 2018. He and his attorney argue he’s had an exemplary record of service in that time.
With his separation date approaching, Abbott can still fight to remain in the Virginia National Guard through what’s known as an administrative separation board.
If Abbott does seek this appeal option, he may win the chance to continue serving or to receive a more favorable discharge status.
On the other hand, an administrative review board could order Abbott’s separation with an even less favorable service characterization.
Abbott’s separation notice focuses heavily on his role in the Campbell County Militia and on a speech he gave in January 2024.
In the separation notice, Lt. Col. Eric Quinn wrote that Abbott “advocated for the use of unlawful force to achieve political and ideological goals to resist or prevent state and federal authorities from executing the law.”
During the January 2024 speech at issue, Abbott pitched to residents of Winchester, Virginia, about forming their own local militia.
At points, Abbott offered his interpretation of the Second Amendment of the U.S. Constitution and its specific language concerning militias.
At another point, he also described a scenario where a disagreement between Virginia’s state government and the Campbell County government might warrant a response from “gunfighters” in the Campbell County Militia.
“They came at me for my hypothetical scenario where the government had become tyrannical and had overstepped its bounds,” Abbott told The Epoch Times in a recent interview.
While he now faces separation over his involvement with the Campbell County Militia, Abbott told The Epoch Times that his superiors have been well aware of his militia affiliations for years.
He said he even faced questioning about his militia activities as he and other members of the Virginia National Guard were deployed to Washington in early January 2021, just days after the breach at the U.S. Capitol.
The Epoch Times reached out to the Virginia National Guard with a detailed list of questions about Abbott’s case.
In an emailed statement on April 1, a spokesman for the service said, “The Virginia National Guard does not discuss details of personnel matters.”
Abbott’s Feb. 21 separation notice lists two other factors contributing to his involuntary separation; his driving record and his ability to hold a security clearance.
Abbott says he has maintained a valid New York driver’s license since he was 16 years old.
He noted that New York’s Department of Motor Vehicles allows military personnel to automatically renew their licenses during their period of service.
Despite his assurances, Abbott said Virginia National Guard leadership is still saying he should have obtained a Virginia driver’s license.
The Feb. 21 separation notice states Abbott’s security clearance has been in a “no determination” status since 2020.
In the separation notice, Quinn acknowledges that other Virginia National Guard troops have similar security clearance issues, but says that Abbott has failed to provide necessary information to clear up this matter.
Abbott told The Epoch Times that he only learned there was an issue with his security clearance in January of this year.
Abbott noted that despite these security clearance issues, he was allowed to represent the Virginia National Guard in regionally and nationally organized military competitions in 2023.
Photos of Abbott taking part in these competitions in 2023 are publicly available.
“They never contacted me. They didn’t tell me I was in a ‘no determination’ status. I went through all these competitions. I was the No. 3 ranked non-commissioned officer in the nation for 2023 and apparently I had a security clearance in a ‘no determination status,’” he said.
As far as he understands it, Abbott’s security clearance issues came about because he used a debt consolidation service sometime before 2018.
Younts believes Abbott’s past service bolsters his odds of successfully contesting the involuntary separation decision.
“That really is what gives him the best opportunity for retention,” Younts told The Epoch Times.
