How can I help defend myself against a chapter for patterns of misconduct? What impact can the chapter have on my transition?

2021-05-02T23:58:50-04:00

Hello everyone,

I'm in need of some quick answers to my issue.

Once upon a time I was wrongfully accused of something I did not do as an E-4. It was a sharp case worst thing ever!

Shortly after being placed under investigation I was moved units within the regiment by order of the CG under a policy for anyone that is being accused of sharp cases must be intra squadron moved at the least.

From here I did my best to keep my head low and do what I was told unfortunately the investigation lasted for over a YEAR and a HALF!!

It destroyed me emotionally mentally and physically at the molecular level

because of this eventually I started to slip up under the pressure and developed sleeping problems causing me to be habitually tardy or late to mainly P.T formation/ FTR.

I have since been given 2 ART 15's for this offense alone (both company)

The investigation finally ended not to long ago charges dropped

I was elated for a brief moment

I started shaping my act up piecing myself back together slowly but surely I still am suffering from the torment of everything however

I was only late a couple more times and significantly improved my punctuality however my command is sick of me they want to punish me at every turn even with my improvements they said its not fast enough

***They want to go with PATTERNS OF MISCOUNDUCT CHP 14-12(b)

I take responsibility for my actions however its only been a month since knowing I was in the clear and they will not allow me to do a rehabilitative move or transfer which would really be beneficial to me since this unit I have come to them as an issue and now only leaving as an issue I have only been afforded the opportunity to have my flaws highlighted because I have always been "high visibility".

My contract is up really soon but they do not care to retain me or give me a fair rehabilitative chance

____________________________

Questions:

Can I complain and reasonably fight for procedure/ ethical reasoning?

What benefits will I for-go with this chapter other than the G.I bill?

Will I be allowed to sell my leave Days?

What are any defensible options I am missing?

I have a secret clearance will I be able to keep this as it is still good for another 5 years

FACTS to consider:

The command is going for General under Honorable conditions discharge

I do not have 6 years of service to request an admin board

I hold a secret Clearance however it had been suspended since the initiation of the investigation

Response by SFC Private RallyPoint Member made May 3 at 2021 12:24 AM

2021-05-03T00:24:07-04:00

http://www.carson.army.mil/assets/docs/tds/benefits-at-separation-chart.pdf

benefits-at-separation-chart.pdf

Response by SSG Robert Perrotto made May 3 at 2021 12:24 AM

2021-05-03T00:24:40-04:00

Answer to Number 1 - Sure you can complain, but if they have the counseling statements to back up and support a 14-12 chapter, then Legal is going to process it.

Answer to number 2. This link will let you know what benefits you will be entitled to with each type of separation : https://www.operationmilitarykids.org/types-of-military-discharge/

Answer to Number 3. Yes

Answer to number 4. Only Legal can answer this question, as they are the ones with up to the minute information regarding chapters. You will get a chance to sit down with them before you are processed.

Answer to number 5. They may have already terminated your clearance when they initiated the chapter.

8 Types of Military Discharge: Benefits & Consequences Explained

Learn more about the various types of military discharge, including honorable, dishonorable, other than honorable, and general discharge.

Response by LTC Private RallyPoint Member made May 3 at 2021 2:09 AM

2021-05-03T02:09:09-04:00

Assuming you don't want discharge,, Can you talk with your commander and share your desire to be a good soldier, but that you were challenged with some stress issues related to the lengthy process that would like treatment for in return I will do everything I can to do my job and follow all of the core values. However even if you do want to get out I would try to salvage your career and establish a good record if they will let you

Response by SSgt Christophe Murphy made May 3 at 2021 9:01 AM

2021-05-03T09:01:34-04:00

So you were already NJP'd twice for ART 15? From my experience in the Marine Corps 3 NJP's is the mark for pattern of misconduct. That's when most folks would be chaptered out except for special situations. I totally understand your predicament but it's a pickle. You see everything connected but the chain of Command does not. Have you been going to mental health, Chaplain or a third party for counseling or guidance? Medical for your sleep issues? Anyone that could comment on your physical or mental health? Unless you have someone who can intervene to bring context it will be hard to dodge anything that comes after a third NJP. Especially if it's another ART15

Response by CSM Carl Cunningham made May 3 at 2021 9:45 AM

2021-05-03T09:45:38-04:00

SPC Private RallyPoint Member , if Fort Hood has taught us anything, it is that the Army handles investigations differently at every place. I have seen your situation more times that I would have like too. It is devastating to Soldiers and their mentality, whether they are a victim of SA or falsely accused. My main question is, have you been seeing Behavioral Health? If you haven't, you don't have much of a leg to stand on. If you are, I am surprised you have not being Med Boarded for your symptoms. Might be worth a talk to your provider, if you have one.

Response by SFC Casey O'Mally made May 3 at 2021 10:24 AM

2021-05-03T10:24:24-04:00

You HAVE displayed a pattern of misconduct. From a legal standpoint, the reason is irrelevant. From a human/leadership standpoint, it is CERTAINLY relevant. But if they push it forward anyway, you don't have a whole lot of leverage to fight.

Not what you wanted to hear, I am sure, but it is the honest answer.

I would honestly recommend going to your Chaplain and letting him/her know of your situation, and see if he/she can pull some strings with BC/SCO for that rehab transfer. I think that is probably your best path forward from this point (aside from Behavioral Health, which I have to ASSUME you are already utilizing).

Response by SPC Private RallyPoint Member made May 3 at 2021 3:44 PM

2021-05-03T15:44:41-04:00

If you're intent on staying in keep improving, don't let any little thing slip from your control. Even if you take a misstep don't stop pushing. Talk to your chaplain about it, and if it does come up after you've already talked to your CO and 1SG consider who your response should go through.

Remember you're responding to the separation not just the company commander which means it's going to go through brigade to the first CG in your chain. If separation does come about, TDS should touch on it but if they don't bring it up. You will effectively be making a request to not be separated and to give an explanation why, with enclosures if needed. Bone up on AR 25-50 to make sure you get your memorandum thru right.

Response by SGT Robert Wager made May 3 at 2021 11:04 PM

2021-05-03T23:04:55-04:00

Being investigated for a sharp complaint is not a reason to “slip up”. Own your mistakes. You were given ample opportunity to correct your mistakes and you failed to correct them. If you received two company grade art 15s then you failed to report more than a couple of times.

I’m not beating you up, I am simply making an observation. You have met the bar for a discharge for a pattern of misconduct. At this point you can pertion your commander for an honorable discharge based on the totality of your service but he/she has the ultimate say in what that discharge is going to look like.

I have watched many young men make stupid mistakes in their 20s that haunt them for the rest of their lives. I’m sorry but this is the truth.

Response by Sgt Dale Briggs made May 4 at 2022 5:38 PM

2022-05-04T17:38:35-04:00

I don’t know much about much, but without medical documentation and you seeking medical help thru this situation it’s not going to go well I’d guess. Without paperwork I’d guess you have a problem, whether it’s fair or not. Fact is you were UA, habitually, from their point of view you weren’t doing everything you could do, you were just late. With a bullseye on you you had zero wiggle room. A shame, but it’s the military being on time and prepared is job one.