I am getting a chapter 13, but my leadership isn't giving me the time I need to do it. Is there a regulation that says anything about this?

PFC Private RallyPoint Member — Thu, 01 Mar 2018 07:13:52 -0500

Response by CPT Lawrence Cable made Mar 1 at 2018 7:52 AM

CPT Lawrence Cable — Thu, 01 Mar 2018 07:52:05 -0500

Chapter 13 Administrative Discharge covers a lot of ground, but in general my advice would be to contact Trial Services and have them give you your rights and options. The regulations says you have to have been counseled at least once before the action is taken and have been given "reasonable time" to correct it. What's reasonable is fairly subjective and for me would depend on the reason for the first counseling statement. As an example, not making weight it may be reasonable to allow a troop to have 90 days or more if the soldiers maintains acceptable progress. OTOH, a PT failure has to be retested inside of a 90 day window, when the soldier and commander feels the troop is ready.

Response by SGM Erik Marquez made Mar 1 at 2018 8:41 AM

SGM Erik Marquez — Thu, 01 Mar 2018 08:41:01 -0500

http://www.monterey.army.mil/Legal/trial_defense/chapter_13_info_paper.pdf

chapter_13_info_paper.pdf

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Response by SGM Bill Frazer made Mar 1 at 2018 11:12 AM

SGM Bill Frazer — Thu, 01 Mar 2018 11:12:46 -0500

Don't understand- there are set time limits for out- processing whether chapters, ETS, retirement, etc.

Response by 2LT Private RallyPoint Member made Apr 18 at 2018 10:28 PM

2LT Private RallyPoint Member — Wed, 18 Apr 2018 22:28:47 -0400

You have 45 days from the day they mail your Notification Of Separation Proceedings. You can ask for an extension but they don't have to grant it.
Check you NOSP. If it's dated after 15Dec2017 (est.) the regulation changed and it should now be a Chapter 12.
They'll have to re-issue the NOSP and you'll have another 45 days. Keep copies of everything!