After being found unfit for duty, can my command put me up for an article 15 this far into my MEB process?

2021-12-14T20:18:26-05:00

I’m currently going through a meb/peb. Just came back last week that I am unfit for duty, my immediate chain(Team Leader/ Squad leader) seem to be unhappy about that and are looking for ways for counselings and to be put up for another article 15( as my squad leader wrote mine last year and spoke to my PSG and 1sg about getting my order canceled. Which they did) is there anyway at this far into my MEB that they can put me up for an article 15? Or try to separate if so? Thank you in advance.

Response by SFC Casey O'Mally made Dec 14 at 2021 8:36 PM

2021-12-14T20:36:22-05:00

You are subject to UCMJ right up until your final day. So yes, they can Article 15 you if you deserve one.

As far as chapter goes, if they want to separate you for pattern of misconduct or other similar negative chapter, both separations will be processed, it will go to the General, and he will decide which separation proceeds.

The easiest answer is don't give them reason to give you an article 15.

Response by MSG Private RallyPoint Member made Dec 14 at 2021 8:56 PM

2021-12-14T20:56:19-05:00

So....you've already received an Article 15 prior. FYI, Your Commander gave you the 15, your NCOs only recommend. But I digress.

Depending on what the situation is that possibly warrants an Article 15, then yea the Commander can administer one to you. The Army has your six until the day you ETS. Now, if I were a betting man....having read between the lines of your question, once could surmise that you have shown a pattern of misconduct and are hoping the medical board will save you from getting papers. They will not. Only papers that can save you from another Article 15 is your DD 214 and Discharge orders in hand.

But....I have to ask....why is your Chain looking to give you an Article 15.....again?

Response by SFC Kelly Fuerhoff made Dec 14 at 2021 10:50 PM

2021-12-14T22:50:15-05:00

Yes.

Response by SFC Private RallyPoint Member made Dec 15 at 2021 12:13 AM

2021-12-15T00:13:11-05:00

You can definitely get another Article 15 up until you're separated.

You're already being separated so there's no purpose in that. Depending on how far along you are, it's not worth trying. But if MEB isn't very far then both are processed at the same time and your CG selects whether you'll receive the admin separation or the MEB

Response by SFC Private RallyPoint Member made Dec 15 at 2021 1:03 AM

2021-12-15T01:03:35-05:00

Just came off the ‘trail’ as an SRU PSG. They majority of my SMs were pending MED Board. The answers already given are 100% on point. Now you don’t have to sign agreeing, you could request trial by Court Martial. But that opens up another can of worms as those proceedings will likely pause your Med Board. I’d HIGHLY RECOMMEND 2 things: 1-don’t give them a reason to UCMJ you, 2-Consult JAG ASAP. your CoC should schedule you an appointment as part of the UCMJ if they take it that far.

Response by SPC Daniel Hedgpeth made Dec 15 at 2021 6:41 AM

2021-12-15T06:41:35-05:00

What does your deployment history looking like? How many times? Any legit deployments in actual Warzone? If so, depending why exactly you’re unfit, any disability you have that’s 30% or higher, fight for medical retirement ESPECIALLY IF ITS COMBAT RELATED!!!!! You fight for your country, you deserve 2-3k a month for life. Just hopefully you have messed up too much lol Good Luck bro and don’t forget, it’s a new Army. If you’re in the right IG everyone’s ass

Response by SGT James Hammons made Dec 15 at 2021 8:43 PM

2021-12-15T20:43:21-05:00

Please remember that your leaders follow regulations as well. Most likely this is not a personal attack on you but a process that is followed by everyone in the chain of command. Honest discussions can be had and using the chain to address issues is always the best bet. Accepting consequences is part of making choices.

Response by SSgt Christophe Murphy made Dec 16 at 2021 12:04 PM

2021-12-16T12:04:44-05:00

Who says you are unfit for duty? The MEB or someone else?
I am trying to see if your Command is having issues with you due to behavior or if you are having issues with the MEB.

You are still subject to DOD and Army policies up until you EAS/ETS. I would just keep your head down until your MEB findings come back. After that it will be a quick turn around for you to get an adjusted ETS date.