If a soldier gets a FG article 15 and is enrolled into ASAP, then fails another UA and gets a Chapter 9, can they get another FG article 15?

2019-12-08T21:07:42-05:00

if a soldier gets a FG article 15 and extra duty and gets enrolled into ASAP and fails another UA and gets a chapter 9 can they get another FG art15 and extra duty again

Response by SGT Chris Stephens made Dec 8 at 2019 9:51 PM

2019-12-08T21:51:54-05:00

Yes, you can absolutely get another field grade article 15. The commanders don't have use all of the punishments with a field grade article 15. It's up to their discretion. The fact that it happened yet again, expect a field grade that will include extra duty (and maybe some pay being withheld because it's the second time) while the administrative action of being chaptered out happens. I remember years back we had a soldier that was reassigned to the company headquarters and worked there all days, and then extra duty in the evening, only being allowed to go home and sleep. They did this while they processed his chapter paperwork and to ensure he wasn't drinking anymore. His barracks and his car were searched every single day to make sure there was nothing he was hiding.

Response by LTC Kevin B. made Dec 8 at 2019 10:05 PM

2019-12-08T22:05:02-05:00

Yes. In this case, there would be two drug failures (one before and one during ASAP). Therefore, the soldier could face two Article 15s. The Chapter 9 is a way to kick someone out of the Army. If they are in the process of being kicked out, and violate military regulations again before leaving the service, they could (and should) be punished again.

Response by SFC Private RallyPoint Member made Dec 9 at 2019 1:15 AM

2019-12-09T01:15:12-05:00

Absolutely can. Its the Commanders discretion. In fact, the commander could separate the Soldier with a Chapter 14 for a pattern of if they chose. That chapter 9 ASAP failure that could have left the Soldier with an Honorable discharge and VA benefits could be downgraded as well with that chapter 14. If it was egregious enough, the commander could even retain the Soldier past their ETS against their will for a court martial, sentence them to prison, then kick them out with a bad conduct discharge and a felony conviction for life.

Response by SGT Eric Davis made Dec 9 at 2019 8:04 AM

2019-12-09T08:04:28-05:00

Yes you can get a ARTICLE 15 for each offense you commit!

Response by MSG Private RallyPoint Member made Dec 9 at 2019 10:52 AM

2019-12-09T10:52:47-05:00

How the hell you gonna fail ASAP with another hot piss WHILE IN ASAP? Say good-bye to pretty much all of your benefits.

Response by SFC Michael Hasbun made Dec 9 at 2019 11:52 AM

2019-12-09T11:52:51-05:00

Damn it Soldier knock it off! I can practically FEEL your first line leaders impending heart attack! Take some pity on his or her health and BEHAVE for five minutes! Grow up! The Army is not hard! Knock off the drugs and alcohol!

Response by SGT Private RallyPoint Member made Dec 11 at 2019 4:37 PM

2019-12-11T16:37:02-05:00

Depends: If drug tested while at ASAP no; if random urinalysis at the unit then yes you can get another article 15. Cannot be chaptered for ASAP failure if you are command referred to ASAP. Chapter 14-2c2 is the likely outcome.