Got recommended for UCMJ by My E7 for being late, meanwhile I have 29 days left before I start clearing for ETS what are the the outcomes?

SPC Private RallyPoint Member — Wed, 10 Feb 2021 12:53:28 -0500

Never been in trouble and always kept my nose clean, I’m just nervous and feel hopeless.

Response by SFC Michael Hasbun made Feb 10 at 2021 3:18 PM

SFC Michael Hasbun — Wed, 10 Feb 2021 15:18:26 -0500

Assuming the chain of command concurs and proceeds with UCMJ action, you get flagged and go through the UCMJ process. If it's a Courts Martial, you can be held past your ETS, but not otherwise.

Here's a similair question with relevant documentation...

http://asktop.net/q-and-a/can-i-be-held-past-my-ets-date-for-an-administrative-separation-board/?all=1

can-i-be-held-past-my-ets-date-for-an-administrative-separation-board

Bottom Line Up Front (BLUFF): The command CANNOT extend a Soldier past their ETS date for an administrative separation. The command can only extend a Soldier

Response by SFC Kelly Fuerhoff made Feb 10 at 2021 3:26 PM

SFC Kelly Fuerhoff — Wed, 10 Feb 2021 15:26:04 -0500

Why did he recommend UCMJ if you haven't ever been late before or had any other issues? That seems odd - but the most he can do is recommend. If the commander doesn't see any justification in it, it won't go anywhere.

What's his supporting documentation to recommend you for whatever he recommended you for? It's not gonna pass legal if there's no supporting documentation like counselings at a minimum.

If it does, like said you get flagged until it's done.

Response by SFC Private RallyPoint Member made Feb 10 at 2021 3:41 PM

SFC Private RallyPoint Member — Wed, 10 Feb 2021 15:41:58 -0500

The outcome is up to your commander. You can't be retained past your ETS for NJP only a court martial but you can still be punished if the commander sees fit

Response by SGT Private RallyPoint Member made Feb 10 at 2021 3:50 PM

SGT Private RallyPoint Member — Wed, 10 Feb 2021 15:50:37 -0500

If you truly have no other documentation on being late such as counseling’s or a trail of paperwork to support the UCMJ 9/10 it will lead nowhere just keep in mind, everything is at the commanders discretion.

Response by MSG Private RallyPoint Member made Feb 10 at 2021 7:30 PM

MSG Private RallyPoint Member — Wed, 10 Feb 2021 19:30:21 -0500

Worse that could happen is extra duty until you leave the base (depending on what level of Art 15 being recommended for). They can't keep you past your ETS date. I understand your stressed about it, just let it go. You'll do your time, if commander sees fit, and move on with your life.

Response by SGT Justin Brothen made Feb 10 at 2021 8:41 PM

SGT Justin Brothen — Wed, 10 Feb 2021 20:41:26 -0500

By E7 you mean your platoon Sgt? Or a random E7? It makes a difference. If it's not your platoon Sgt, speak to him about the issue and how your almost out with no other discrepancy. I think that's some Complete BS to be started btw, but hell this guy had to take a record PT test a day before ETS, after extending for deployment too. Play the game your almost done bud

Response by CPT Private RallyPoint Member made Feb 10 at 2021 10:50 PM

CPT Private RallyPoint Member — Wed, 10 Feb 2021 22:50:39 -0500

If done currently you can be given an Article 15 and push it through the channels. A Summarized is very easy to knock out. A company grade may take a week. I have seen this happen before. But it is up to the commander.

Response by SSG Robert Perrotto made Feb 11 at 2021 3:09 AM

SSG Robert Perrotto — Thu, 11 Feb 2021 03:09:41 -0500

Can he recommend one, yes, will the commander approve it, depends. I am going to take you at your word. I would say the chances of the Commander approve one for simply being late, with no other 4856's attempting to resolve an issue of tardiness, or other 4856's showing a history of infractions, are very slim. IMHO, UCMJ for a first time lateness is excessive, UCMJ for first time tardiness when the SM has less then 40 days left seems targeted to me. I would use the open door policy of the 1SG, copy of PSG's counseling in hand, and respectfully ask 1SG if he thinks the recommendation is justified. If 1SG thinks it is, then embrace the suck knowing that you are getting out in less then 2 months. Worst case scenario, you get a summarized - because no way TDS pushes a company grade or higher for a first time FTR.

Response by SGT Robert Wager made Feb 11 at 2021 5:21 AM

SGT Robert Wager — Thu, 11 Feb 2021 05:21:49 -0500

Were you “threatened” with UCMJ or have you seen paperwork recommending UCMJ? I have seen soldiers have the fear of god put in them during their last month or so to make sure they don’t get short timers disease.

Refer to other comments about what “could” happen.

Response by CPO Michael Burns made Feb 11 at 2021 6:53 AM

CPO Michael Burns — Thu, 11 Feb 2021 06:53:47 -0500

You have “SPC” next to your name here. Not “E-3”. Starting off by saying “My E-7” sounds disrespectful, so with this first impression you’ve made for yourself, my first thought is that there’s probably a good reason why you’re about to complete an enlistment, yet you’re only an E-3. Perhaps a build-up of frustrations on the part of your SFC is at play here as well.

But, I digress. I must ask, why were you late, exactly? This reason has every bit as much impact on the outcome as your previous history.

Response by SCPO Private RallyPoint Member made Feb 11 at 2021 5:16 PM

SCPO Private RallyPoint Member — Thu, 11 Feb 2021 17:16:42 -0500

So, almost four years active duty, almost out, never in trouble for anything, and the first thing that your E7 wants to do in this case is immediately recommend NJP?... And it wasn't for being late to go to war??... Wow. That's just what we need in the military, more hard asses to immediately escalate things for people without good reason. There's a time and a place to pounce on someone, but this ain't it.
Thank you for your four years of honorable service to the United States of America. Best wishes in your future endeavors.

Response by GySgt Kenneth Pepper made Feb 15 at 2021 11:27 AM

GySgt Kenneth Pepper — Mon, 15 Feb 2021 11:27:26 -0500

SPC; What the SFC (I suppose) is doing is called "maintaining good order and discipline". If he lets you get away with being late because you are a short timer, that means everybody else has permission to be late once they get close to ETS. That's what leaders do. Have you not learned anything in your time in the service?

Again, posted under "Toxic Leadership". I'm surprised nobody recommended filing an EO or IG complaint.

Response by SSG Greg Miech made Feb 15 at 2021 2:19 PM

SSG Greg Miech — Mon, 15 Feb 2021 14:19:36 -0500

Short Timer's attitude? Might see about doing CQ Runner over a weekend or something else. Showing up an hour in advance till then might work. Showing up to a new unit with a recent Article 15 does not help. The SFC has many other responsibilities going on and putting up with someone who is short and not showing up on time.

Response by SCPO Shawn Porter made Feb 24 at 2021 12:29 PM

SCPO Shawn Porter — Wed, 24 Feb 2021 12:29:44 -0500

Being recommended for UCMJ seems a little over the top for your first time ever being late however, did you call your supervisor to let them know of your tardiness? If not, why? You are still under contract and considered UA if not present. Is there something more to this that you are not saying. I have never heard or seen a senior NCO in my 30 YOS not allowing members who are separating to take a little extra time off when separating within the month. All it takes for permission is communication and be up front with your COC. Consider this before posting and talk to your COC. It should be dropped unless their is something else going on. Just food for thought!