Can I fight an Article 13 or Bar from reenlistment for missing training exercises due to my spouse's health issues?

SGT Private RallyPoint Member — Sat, 24 Feb 2024 01:24:28 -0500

I have been recently notified that I will be Barred from reenlistment and potentially separated under article 13 for family hardship. Is there anyway to fight this?

Background: I missed two back to back training exercises at YTC in order for me to take care of my wife and get her the help she needed due to her mental health that put her life in danger. My 1SG told me that I had used 2 strikes on missing training and a 3rd would get me separation from the army. A few months later after I had been back to the field multiple times. My wife came down with SEVERE morning sickness causing her to be unable to consume food or water for 5 days straight. I had taken her to the ER twice and they prescribed her some medicine to help with the nausea so she could eat. I informed my leadership that I might have to take her in for a 3rd time if the medicine had no effect since we had a 3 day training exercise the following day. After a conversation with a Provider at our OBGYN he highly encouraged me to remain at her side until she becomes more stable and monitor her closely. I informed my leadership and I was told if I could get a doctor's note saying I am needed in support of my wife that I would remain in the rear. After I acquired the doctors not from the OBGYN and sent it up through my Chain of Command, I was told I would remain in the rear but become Barred from reenlistment and potential separation from the army through article 13 for family hardship.

I do not want to leave the army. I had big plans on becoming a Warrant Officer Pilot and serving 20 years. Is there anyway I can fight this?

Response by MAJ Private RallyPoint Member made Feb 24 at 2024 8:08 AM

MAJ Private RallyPoint Member — Sat, 24 Feb 2024 08:08:22 -0500

It doesn’t sound like an article 13 - UCJM article 13 prohibits the imposition of punishment or penalty upon an accused prior to trial.

A Bar to Reenlist It is meant to be rehabilitative, must be reviewed every 3 months and can be fought IF proper procedures were not used or the command imposed it under improper grounds. You can overcome this and get it lifted.

Under AR 600-200 (or AR 145-178 for reserves/NG) CH 13, your commander can initiate separation for unsatisfactory participation. You have the right to talk to legal counsel who can help you submit evidence on your behalf. If you are separated with a honorable or general discharge you should be able to reenlist later on. There is another chapter for family hardship. You need to talk to JAG to see if you meet criteria to be discharged under either chapter and what ability you have to fight it.

Have you been notified in writing (a counseling)?

Have you tried to make alternative plans to have someone else available to help your wife?

Response by COL Randall C. made Feb 24 at 2024 9:09 AM

COL Randall C. — Sat, 24 Feb 2024 09:09:15 -0500

The Chapter 13 wouldn't be for "family hardship", it would be for unsatisfactory performance. However, there are a number of criteria that must be shown for a Chapter 13 separation. IF you have been a "good Soldier" to this point and don't have a history of unfavorable behavior, then a Chapter 13 would be unlikely.

Your very first stop should be to discuss this with your unit's/post's/region's legal assistance office. There are a number of steps that your Commander needs to do before a Chapter 13 and they can walk you through them, not the least is working with you to develop a plan to address the situation. If nothing else, you should be aware of the process* that the packet will go though and what your options are if it is sent up to the BCT Commander for approval.

That doesn't mean the commander isn't completely within their rights to place a bar on you though, as you've had three times that your personal life has impacted your military obligations. I understand your accounting of why it happened, but that doesn't change that it did happen and it is easily foreseeable that it will continue to happen again in the future.

A bar itself is to put you on notice that you're in an unfavorable status and that if it doesn't improve that you won't be allowed to continue service in the Army. Frankly speaking - shape up or ship out.

I'm not in the habit of second-guessing a commander's decision without additional information and there likely is more to the situation than what you described. However, here's the bottom line for your Commander - Is this a "third isolated incident", or is this a precursor of what this commander and future commanders will be faced with? You're in one of the "tip of the spear" organizations (82nd Airborne Division) - if the 2nd BCT needs to head out, can you be relied on?

Was the necessity of a family care plan discussed to ensure that you have other options in place to make sure your wife is properly and adequately cared for if you're not available due to military requirements? If nothing else, you can discuss this with your commander and see if there is a way to dissuade them from the view that you can't be fully relied on to be available for military requirements.

Again, the next stop for you is the legal assistance office. CAN the commander put a bar on you? Yes. SHOULD they do it? That greatly depends on the entire situation.
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* Chapter 13 procedss - https://home.army.mil/monterey/application/files/5715/4955/1549/chapter_13_info_paper.pdf

chapter_13_info_paper.pdf

Response by SGM Erik Marquez made Feb 24 at 2024 12:11 PM

SGM Erik Marquez — Sat, 24 Feb 2024 12:11:31 -0500

SGT Private RallyPoint Member Enlisted separations chapter 13 only applies to
1. Pregnant soldiers whose substandard duty performance is not caused solely by pregnancy.
2. Soldiers meeting criteria for this chapter who were convicted by a Courts-Martial who have not been given a punitive discharge when the underlying misconduct and performance warrant separation per this chapter.
3. Soldiers who fail two consecutive APFTs and have no underlying medical limitations. In this case
4. Soldiers eliminated from NCOES courses for cause unless the responsible commander chooses to impose a bar to reenlistment, instead. If the responsible commander decides not to impose a bar to reenlistment, according to AR 635-200, notification of separation is required.

So if your Commander has told you the intent is to separate you under Chap 13, they do not understand administrative separations and the S1/G1/Legal section is about to school them OR you have left some details out of your question/ story.

Response by 1SG Private RallyPoint Member made Feb 24 at 2024 4:03 PM

1SG Private RallyPoint Member — Sat, 24 Feb 2024 16:03:40 -0500

There has been some great advice in the responses. Ensure you document everything and do so accurately. Also, ask your Commander why this course of action is being taken. Ensure he/she has all the facts. Too often facts change as they work their way up AND down the chain of command and NCO support channel.