Posted on Jun 12, 2016
Is it possible for a soldier pending chapter to be demoted and separated instead due to meeting RCP?
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I would think that a demotion would void that soldiers chance of RCP.
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Retention
Retention
Posted >1 y ago
Responses: 12
If an SM is demoted, and the rank demoted to has an RCP that exceeds his TIS, the SM will be separated per MILPER message reference RCP... However, if there is another separation pending, I do not know of a "precedence" list, or chart that would require one type of separation over another.. I can not say for sure, but I assume based on an educated guess, the current and in process separation will continue unless the C of C finds it more advantageous to the government to stop the current separation action and process the SM for exceeding his RCP
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MAJ Rene De La Rosa
I am with you, SGM Erik Marquez. What would be the government incentive to pay somebody to get out? That does not follow the common sense test (but the again, there is not much common sense in the Army nowadays).
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SGM Erik Marquez
MAJ Rene De La Rosa - Sir, again, an assumption.. Separation payments for exceeding RCP, Id bet there are business rules in place that prevent paying an Sm being involuntarily separated for exceeding RCP, due only to a demotion. I dont know for sure....and dont have access to check... it would be interesting to know for sure.
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MAJ Rene De La Rosa
Absolutely, SGM. Not sure how the business side is dealing with this one. I am seeing the AD trying HARD to get into the WTB nowadays, if there are any punishment issues involved. As a colleague once remarked: "The WTB was one of the greatest thoughts the Army ever came up with; however, comma, but, it is one of the WORST thoughts the Army ever came up with." Too many people are trying to get that free lunch, and not taking responsibility for their own actions!
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MSG (Join to see)
I've seen in the past that Soldiers do get the one time payment after reduction in ART 15's. The two regulations are seemingly independent. I do feel like this a a loophole that should be closed. Many Soldiers question the sense of paying severance pay to an individual that required punishment.
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It depends on whether they already have an involuntary separation flag. If pending chapter without this flag they could rcp and a lot of times people say they are being chaptered, but are not yet flagged for elimination. I've seen separations under rcp in this circumstance and the logic is it is faster, especially if the separation will be honorable regardless. It depend on the situation though and you have to ensure you don't do a disservice and allow a bad apple to easily transition to the reserves.
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Sadly, I do not have a regulatory reference, but I am professionally familiar with the chapter process and NJP process. That being said, whenever I've seen Soldiers pending chapter lose rank due to a separate issue, they become RCP separated if they have exceeded their control point TIS.
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