Posted on Jun 19, 2019
Loopholes of getting out of felid grade art 15 and chapter?
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I popped hot in March in a UA. I’m up for an art 15 and they are starting my chapter paperwork. I have already been going to SFL appts but I have not gone to sudcc or TDS. They are telling me I will be read my chapter information in a couple of days. They do not know I haven’t completed my TDS or sudcc appts. I know there’s a number of days after you pop hot where you have to attend sudcc but no one referred me. Is there a loophole I could use to have the whole packet thrown away since I was never referred?
Posted >1 y ago
Responses: 6
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TDS will give you the best answer regarding loopholes. But here is the best answer regarding your situation, and life in the Army, in general:
Own up to your mistakes, admit them, fix yourself, and face the music. Stop trying to look for loopholes. If you "popped hot" because you were doing drugs, then rather than trying to find a way to avoid your duly earned punishment, find a way to fix yourself. Stop doing flipping drugs! If you have a legitimate addiction, and need to enroll in a program, enroll in a program. If you don't need a program, then just flipping quit already. When you go to your EARNED Article 15 hearing, tell the Commander that you admit your errors, tell him/her what you have done to correct your errors, and tell him/her what your plans are for the future to prevent the same errors occurring.
Commanders, in general, are far more tolerant of folks who follow the above routine than of those who try to hide their mistakes, find loopholes, or blame someone else. I am in no way, shape, or form, guaranteeing that my advice will save your Army career. But it has a better shot than being a weasel. Even if you do find some loophole THIS TIME, that attitude guarantees it is just a matter of time before you go down for something else.
TL;DR version: Grow the F up.
Own up to your mistakes, admit them, fix yourself, and face the music. Stop trying to look for loopholes. If you "popped hot" because you were doing drugs, then rather than trying to find a way to avoid your duly earned punishment, find a way to fix yourself. Stop doing flipping drugs! If you have a legitimate addiction, and need to enroll in a program, enroll in a program. If you don't need a program, then just flipping quit already. When you go to your EARNED Article 15 hearing, tell the Commander that you admit your errors, tell him/her what you have done to correct your errors, and tell him/her what your plans are for the future to prevent the same errors occurring.
Commanders, in general, are far more tolerant of folks who follow the above routine than of those who try to hide their mistakes, find loopholes, or blame someone else. I am in no way, shape, or form, guaranteeing that my advice will save your Army career. But it has a better shot than being a weasel. Even if you do find some loophole THIS TIME, that attitude guarantees it is just a matter of time before you go down for something else.
TL;DR version: Grow the F up.
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CPT Lawrence Cable
Absolutely, First Sergeant. Nothing pissed me off worse than having one of the troops screw up and try to snow me about it.
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The short answer is no, Article 15 is an Administrative procedure and not a legal one. If you are smart, you will talk to TDS, who will tell you what I'm going to tell you. The command is required by regulation to start processing you for discharge. As an E4, and I would assume that you will lose a rank to E3 in the Article 15, if you successfully complete the drug program AND the command thinks you are worth a second chance, the Commander to request an exception to policy, which is almost always granted. So if no one referred you to the Substance Abuse Program, I would walk my ass down there and apply myself. If not, start planning for a civilian career. If this isn't your first offense, start planning for a civilian career. So if you want to stay in the Army, take ownership and do something about it.
You can always request a court martial. The difference being that it isn't administrative and if convicted, you end up with a criminal record and possibly a bad conduct discharge.
You can always request a court martial. The difference being that it isn't administrative and if convicted, you end up with a criminal record and possibly a bad conduct discharge.
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In my Regt, The BC handled all drug cases- Field grade Art 15 and then chapter- I never ever saw anyone beat it, because he demanded a re-test after the results- 2 hots = gone
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