Posted on Dec 19, 2018
What can I do to get a better discharge, or stay in, since I'm facing a Chapter 13 (Separation for Unsatisfactory Performance)?
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Hello, i'm facing a chapter 13, separation for unsatisfactory performance, and i want to know what, if anything i can do to get a better discharge, or stay in..
(background)
i failed a PT test three times, the first two were from the run event, and the third was the sit-ups event.
My first two units, it as on me to enforce my own PT standards as a PFC, and now as a SPC.. And to be honest i slacked a lot.. and here i am, just barely making it in each event..
The mission were on has us doing work on very odd hours including weekends, and PT on our own.. and honestly, i didnt do PT as much as i should of..
I made sure i could pass the two events which have always gave me trouble, the pushups and run.. and i passed them.. and my latest PT test i failed the event which i have never failed, the Situps, i scored a 46, and i need a 50..
(background)
i failed a PT test three times, the first two were from the run event, and the third was the sit-ups event.
My first two units, it as on me to enforce my own PT standards as a PFC, and now as a SPC.. And to be honest i slacked a lot.. and here i am, just barely making it in each event..
The mission were on has us doing work on very odd hours including weekends, and PT on our own.. and honestly, i didnt do PT as much as i should of..
I made sure i could pass the two events which have always gave me trouble, the pushups and run.. and i passed them.. and my latest PT test i failed the event which i have never failed, the Situps, i scored a 46, and i need a 50..
Posted in these groups: 
APFT
APFT
Edited 6 y ago
Posted 6 y ago
Responses: 6
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I think you mean Chapter 13 for AR 635-200. My advice for you is to retain legal counsel (visit local JAG or hire a military veteran attorney) if you want to fight it. Although you do face a derogatory early discharge, there is due process involved before any final result.
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SPC (Join to see)
Would seeking legal counsel effect what the discharge could be?
thank you for responding.
thank you for responding.
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LTC Eugene Chu
1. 'Affect' is the verb form of the word,
2. Legal counsel may inform you of appeal options while you are still in or if you want to upgrade after discharge
2. Legal counsel may inform you of appeal options while you are still in or if you want to upgrade after discharge
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You can try to fight it I suppose but you failed to pass the tests. You're going to get chaptered; last I checked you won't get anything less than a general discharge for APFT failure. I would go ahead and start looking at what you are going to do after you get the boot rather than attempting to cling to the slimmest possibility that you are somehow authorized to stay in.
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What you failed doesn't matter, what matter is that you had/have no self discipline and faied the standards not twice but 3 times! By the regs you should have been barred from re-enlistment and chaptered. They won't let you stay in, and the type discharge is up to the CMD group, which they have answered by starting a Chapter 13. Suggest you talk to JAG as to what few options you have left remaining.
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