Posted on May 3, 2024
Is there a time frame as to when a commander should initiate administrative separation for something?
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I'm being separated for allegations that were unfounded two years and two commanders ago. (Domestic dispute). No charges were filed, no arrests or jail time and the commander at the time was apart of the FAP board overseeing the situation. Current commander not once asked me about the situation, neither before nor after initiating separation.
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Posted 7 mo ago
Responses: 1
To your specific question about a timeframe - No, there is not. However, there's got to be more to it than a commander deciding that you should be separated due an unfound allegation that is two years old.
First, if you're facing an adverse separation you're entitled to consult with legal services. Contact your servicing JAG office and talk with a trial defense attorney. They will be able to give you definitive counsel on your options, good or bad.
Second, understand that your commander (I assume you're referring to your O-3 commander) does not have the authority to separate you. They assemble a separation packet and forward it with their recommendation to the separation authority (or through the intermediate commander to the separation authority) which will usually be the O-5 or O-6 commander in your chain of command. For example, your Battalion Commander (or other O-5 commander) would be the authority if you were being chaptered for unsatisfactory performance, but if being separated for misconduct, then it would be the Brigade Commander (or other O-6 commander).
Third, there are specific actions that must be taken for all separations as well as additional steps depending on the type of chapter being initiated. For example, if your commander is initiating a separation action, you must be informed in writing (usually delivered as part of a formal counseling session) of why it's being initiated, under what regulation/chapter it's being done, what they are recommending, etc. This starts a clock ticking for you in providing additional information to the separation authority.
So, is this rumor or did you get it straight from the commander? If written, then you're under a clock and should immediately do two things. Contact your servicing TDS/legal assistance office for an immediate appointment and read the regulation governing separations for you*. If it was verbal then you should treat it as being under a ticking clock and do the two things as well. However you need to request your commander provide you with the formal written notification (don't delay meeting with your TDS though).
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* AR 635-200 (Active Duty Enlisted Administrative Separations) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN40058-AR_635-200-001-WEB-3.pdf
First, if you're facing an adverse separation you're entitled to consult with legal services. Contact your servicing JAG office and talk with a trial defense attorney. They will be able to give you definitive counsel on your options, good or bad.
Second, understand that your commander (I assume you're referring to your O-3 commander) does not have the authority to separate you. They assemble a separation packet and forward it with their recommendation to the separation authority (or through the intermediate commander to the separation authority) which will usually be the O-5 or O-6 commander in your chain of command. For example, your Battalion Commander (or other O-5 commander) would be the authority if you were being chaptered for unsatisfactory performance, but if being separated for misconduct, then it would be the Brigade Commander (or other O-6 commander).
Third, there are specific actions that must be taken for all separations as well as additional steps depending on the type of chapter being initiated. For example, if your commander is initiating a separation action, you must be informed in writing (usually delivered as part of a formal counseling session) of why it's being initiated, under what regulation/chapter it's being done, what they are recommending, etc. This starts a clock ticking for you in providing additional information to the separation authority.
So, is this rumor or did you get it straight from the commander? If written, then you're under a clock and should immediately do two things. Contact your servicing TDS/legal assistance office for an immediate appointment and read the regulation governing separations for you*. If it was verbal then you should treat it as being under a ticking clock and do the two things as well. However you need to request your commander provide you with the formal written notification (don't delay meeting with your TDS though).
--------------------------------------
* AR 635-200 (Active Duty Enlisted Administrative Separations) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN40058-AR_635-200-001-WEB-3.pdf
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COL Randall C.
SPC (Join to see) - Everything in your current enlistment can come into review (and previous periods of service if it is germane) - as I stated, there is no prohibition on time. There is guidance given to the commander about what information should be considered in making a determination about separation, but it will ultimately be up to the commander (the separation authority) to decide.
My advice is to review the guidance in the regulation on separations (AR 635-200, para 1-16) as it will lay out the Army's intent. If everything is as you stated, then you should have a strong argument/evidence to present to the separation authority that it was an isolated incident, that it was a non-physical dispute with your spouse (NOT 'abuse'), that you're a 'good Soldier', etc.
Again (HEAVY foot stomp), you need to work with TDS to ensure that everything is being done "by the book". If the sequence of events is as you stated, then there were a lot of mandatory steps that aren't being followed.
Make sure you remain cognizant of the timelines and request an extension if you cannot meet them -
*stomp* *stomp*
Read the regulation on how the process works
*stomp* *stomp*
You shouldn't be wondering why you're being separated, who is making the decision, what chapter you're being separated under, etc. There are two mechanisms for separating a Soldier - notification or by board. In both cases, all the information about the separation MUST be laid out to the Soldier. Discuss this with your TDS.
My advice is to review the guidance in the regulation on separations (AR 635-200, para 1-16) as it will lay out the Army's intent. If everything is as you stated, then you should have a strong argument/evidence to present to the separation authority that it was an isolated incident, that it was a non-physical dispute with your spouse (NOT 'abuse'), that you're a 'good Soldier', etc.
Again (HEAVY foot stomp), you need to work with TDS to ensure that everything is being done "by the book". If the sequence of events is as you stated, then there were a lot of mandatory steps that aren't being followed.
Make sure you remain cognizant of the timelines and request an extension if you cannot meet them -
*stomp* *stomp*
Read the regulation on how the process works
*stomp* *stomp*
You shouldn't be wondering why you're being separated, who is making the decision, what chapter you're being separated under, etc. There are two mechanisms for separating a Soldier - notification or by board. In both cases, all the information about the separation MUST be laid out to the Soldier. Discuss this with your TDS.
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PO3 Jay Rose
COL Randall C. Those are some excellent points! The only thing that I would stress to SPC (Join to see) on top of that is simply you are your own best advocate as nobody will take your needs to heart like you would for yourself! That’s the truth, time is truly almost never on your side, and we realize it usually only after it’s lost! Please use any time that you have to your advantage! If possible, get recommendations from every NCO and Officer up the food chain until it gets to the one who needs to see it! Speak with JAG, ask EVERY question that you could think of! WRITE EVERYTHING DOWN, even if you have a good memory stress makes us forget! The ONLY question that I have for the COL is would the SPC benefit from a sit down under an “open door policy” if his O-5/O-6 has one? Would such a senior officer respect such a bold move? I know in business, I would throw folks off by getting very comfortable in meetings, almost “too comfortable” but not quite. I would use words such as “we,” “us,” “team,” and especially “working together” to foster a relationship long before one was even established. It DID work for me both in interviews and later on when I owned businesses. I wouldn’t recommend that per se, but a sit down, showing and discussing your human side never hurt in my experience. Of course you need to feel out every unique experience and navigate it accordingly. What are your thoughts?
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CPT (Join to see)
As a commander that has separated soldiers in the past, there is not a timeline. As stated, when I inform the soldier of my intent to separate them I usually let them know that I am only sending the pack to be review. The COL is the final approval authority. A separation is an administrative action, not punishment. I like to say that is the Army calling out a person's contract to see if they upheld their part of the deal.
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