Posted on Oct 4, 2018
SPC Healthcare Specialist (Combat Medic)
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I'm unsure how to proceed. I am currently pregnant and just barely out of my first trimester. I had my first son 8 months ago and have been in for 2 years. I was late 3 times due to car troubles. My car wouldn't start two of those times. Each time I fixed the car so that I could get it to limp along. I tried to take as few hours as possible to find a working situation so that I'd be able to make part of my work day. I am now being told that a chapter 8 would be in my best interest. I have been advised that my Commander can take that one write up and make it out to be misconduct on my side and procure an involuntary discharge or an article 15. I was advised he can request my field jacket and use one write up to do this instead of needing to have 3 to do it. I read on what misconduct is and technically two issues of any kind can be misconduct, but it usually appears to be tied to more egregious errors having to do with drugs or alcohol. I was told that it could turn into a involuntary discharge and that I will lose all of my benefits. I asked if I should be preemptive and go speak to legal and was advised against it. I was told that if I just take a chapter 8 they are unlikely to try to push an involuntary discharge and that they'll just let it slide. I was told that the commander could pull my jacket at any time and use whatever he wished to against me. I was also asked if I planned on having any more kids to which I advised no. I was told that if I take the chapter 8 they will pay for my three months of leave in full, which contradicts what I've been reading. I am about ready to either go to IG or my EO representative. I am fairly confused how a Sgt who sexually harassed his subordinates gets away with being demoted to a specialist with extra duty, while a pregnant woman who had legitimate car troubles is being told they will bar her or involuntary discharge her. I would think sexual harassment is a hell of a lot worse than car troubles? I have noticed that the unit I am in also has a blatant disregard for AR 40-501 and try to require females to take a record pt test without giving them the 180 days from termination of pregnancy to get back to the standard. My PA had to physically create another profile. Do I take the discharge? Should I contact IG? Should I contact my EO representative?
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Responses: 6
SGM Herman Whitley
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Most definitely seek legal counsel. Probably more to the story but regardless make no decision without legal counsel.
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SFC Retention Operations Nco
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I would first ask who is "they"? Did your commander or 1SG sit you down and tell you this? A pregnancy chapter is a voluntary chapter and the person telling you this is trying to bluff you into opting for it. They also are not allowed to make any recommendations about you having children in the future.
You can talk to legal, but their job is to work for the commander and they won't discuss your case with you, but you can ask general questions. I'll tell you that it's damn near impossible to kick someone out for being late three times.
I don't think this falls under EO, but I'm not an EO rep. This is more like intentional misinformation and bluffing. You could contact IG about the APFTs as well.
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SPC Healthcare Specialist (Combat Medic)
SPC (Join to see)
6 y
I'm just genuinely at a loss and this stress is bad for me and both babies. I tried to request a 4187 and was straight up declined. I feel backed against a wall and am afraid of I don't concede that my pride will put my family at risk SFC Boyd
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SFC Retention Operations Nco
SFC (Join to see)
6 y
A 4187 for what? A 4187 is just a blank broad request form.
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SFC Retention Operations Nco
SFC (Join to see)
6 y
Your squad leader is taking broad and loose interpretation of the regs and what the commander "could" do. It would be very difficult for the commander to push through a chapter for your situation based on three counseling statements for being late.
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LTC Jason Mackay
LTC Jason Mackay
5 y
The CJA works for the Commander. Trial Defense Services TDS advises soldiers on UCMJ and chapters. They work for a two star in Washington DC independent of the CoC.
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SFC Robert Walton
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SPC (Join to see) I am old school however this sounds a bit like a Squad leader being a ( S*** house lawyer) 1st let me say if you are late once then verbal counseling, 2nd time written 3 time written with a Recommendation to visit with the PLT SGT. More lateness after that would be More devastating. Now with that said have you requested to talk to your PLT SGT. About all this or are you just taking the Squad Leaders word for everything. If this is the case you need to request to see the PLT SGT. and, or PLT Leader. and chat with them about all of this including APFT. The PLT SGT/ PLT LDR. Will usually use a Counseling form which a copy should be furnished if they support what the SQD. LDR. has said then it is time to see EO, IG, Provided this is the only problems you have under counseling As for you field file being use yes it is if you have had issues before however if nothing bad is in it then there would be nothing to worry about. Hope this helps. Good luck.
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SPC Healthcare Specialist (Combat Medic)
SPC (Join to see)
6 y
Thank you very much SFC Walton. I have not gone to my PLT Sgt as of yet and am happy to follow the chain of command. I will request to speak with her. She has always been receptive to my questions and put me at ease. The APFT is a known issue that seems to not be something anyone wanted to directly address. I don't quite understand why, but I try not to rock the boat. I will take that on after baby is born.
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SFC Robert Walton
SFC Robert Walton
6 y
You are Welcome Ami while you with your PLT SGT. Address the APFT Issue as well, No reason why you can not see a Military Medical DR. and get a temp. Medical Profile your a combat medic not exactly going to be deployed until after the baby is born. Now Car it has trouble starting I don't exactly have all the information but my first guess would be a battery However if you want to contact me and discuss it I have a good chance of telling you what is wrong and maybe some easy fixes. If your on F/B then look me up send a friend request and I will try to help. Robert W. Walton I am from Idaho. Regards and best of luck. Thank you for your Service.
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SFC Robert Walton
SFC Robert Walton
5 y
SFC Robert Walton - Okay just checking in on you it has been a while how are things going hope all is well. This is called a follow up nothing more.
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