Is there a time frame as to when a commander should initiate administrative separation for something?

SPC Private RallyPoint Member — Fri, 03 May 2024 23:09:52 -0400

I'm being separated for allegations that were unfounded two years and two commanders ago. (Domestic dispute). No charges were filed, no arrests or jail time and the commander at the time was apart of the FAP board overseeing the situation. Current commander not once asked me about the situation, neither before nor after initiating separation.

Response by COL Randall C. made May 4 at 2024 10:32 AM

COL Randall C. — Sat, 04 May 2024 10:32:09 -0400

To your specific question about a timeframe - No, there is not. However, there's got to be more to it than a commander deciding that you should be separated due an unfound allegation that is two years old.

First, if you're facing an adverse separation you're entitled to consult with legal services. Contact your servicing JAG office and talk with a trial defense attorney. They will be able to give you definitive counsel on your options, good or bad.

Second, understand that your commander (I assume you're referring to your O-3 commander) does not have the authority to separate you. They assemble a separation packet and forward it with their recommendation to the separation authority (or through the intermediate commander to the separation authority) which will usually be the O-5 or O-6 commander in your chain of command. For example, your Battalion Commander (or other O-5 commander) would be the authority if you were being chaptered for unsatisfactory performance, but if being separated for misconduct, then it would be the Brigade Commander (or other O-6 commander).

Third, there are specific actions that must be taken for all separations as well as additional steps depending on the type of chapter being initiated. For example, if your commander is initiating a separation action, you must be informed in writing (usually delivered as part of a formal counseling session) of why it's being initiated, under what regulation/chapter it's being done, what they are recommending, etc. This starts a clock ticking for you in providing additional information to the separation authority.

So, is this rumor or did you get it straight from the commander? If written, then you're under a clock and should immediately do two things. Contact your servicing TDS/legal assistance office for an immediate appointment and read the regulation governing separations for you*. If it was verbal then you should treat it as being under a ticking clock and do the two things as well. However you need to request your commander provide you with the formal written notification (don't delay meeting with your TDS though).
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* AR 635-200 (Active Duty Enlisted Administrative Separations) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN40058-AR_635-200-001-WEB-3.pdf

ARN40058-AR_635-200-001-WEB-3.pdf