Loopholes of getting out of felid grade art 15 and chapter?

2019-06-19T01:38:15-04:00

I popped hot in March in a UA. I’m up for an art 15 and they are starting my chapter paperwork. I have already been going to SFL appts but I have not gone to sudcc or TDS. They are telling me I will be read my chapter information in a couple of days. They do not know I haven’t completed my TDS or sudcc appts. I know there’s a number of days after you pop hot where you have to attend sudcc but no one referred me. Is there a loophole I could use to have the whole packet thrown away since I was never referred?

Response by SFC Casey O'Mally made Jun 19 at 2019 7:30 AM

2019-06-19T07:30:16-04:00

TDS will give you the best answer regarding loopholes. But here is the best answer regarding your situation, and life in the Army, in general:

Own up to your mistakes, admit them, fix yourself, and face the music. Stop trying to look for loopholes. If you "popped hot" because you were doing drugs, then rather than trying to find a way to avoid your duly earned punishment, find a way to fix yourself. Stop doing flipping drugs! If you have a legitimate addiction, and need to enroll in a program, enroll in a program. If you don't need a program, then just flipping quit already. When you go to your EARNED Article 15 hearing, tell the Commander that you admit your errors, tell him/her what you have done to correct your errors, and tell him/her what your plans are for the future to prevent the same errors occurring.

Commanders, in general, are far more tolerant of folks who follow the above routine than of those who try to hide their mistakes, find loopholes, or blame someone else. I am in no way, shape, or form, guaranteeing that my advice will save your Army career. But it has a better shot than being a weasel. Even if you do find some loophole THIS TIME, that attitude guarantees it is just a matter of time before you go down for something else.

TL;DR version: Grow the F up.

Response by CPT Lawrence Cable made Jun 19 at 2019 8:17 AM

2019-06-19T08:17:42-04:00

The short answer is no, Article 15 is an Administrative procedure and not a legal one. If you are smart, you will talk to TDS, who will tell you what I'm going to tell you. The command is required by regulation to start processing you for discharge. As an E4, and I would assume that you will lose a rank to E3 in the Article 15, if you successfully complete the drug program AND the command thinks you are worth a second chance, the Commander to request an exception to policy, which is almost always granted. So if no one referred you to the Substance Abuse Program, I would walk my ass down there and apply myself. If not, start planning for a civilian career. If this isn't your first offense, start planning for a civilian career. So if you want to stay in the Army, take ownership and do something about it.
You can always request a court martial. The difference being that it isn't administrative and if convicted, you end up with a criminal record and possibly a bad conduct discharge.

Response by CW3 Private RallyPoint Member made Jun 19 at 2019 9:34 AM

2019-06-19T09:34:32-04:00

Looking for a "Loophole" for doing something wrong? Like others have already said on here, you need to take responsibility for your actions. If you think you are deserving of a second chance, then prove it. Take some initiative and do what you have to do to show your Commander/NCOs that this was a one-time mistake, or that you can get clean and still be a valued member of the military. It's not a guarantee, but nothing in life is. You still may get chaptered out, but start doing the right thing now. You made a mistake, now you have to deal with the consequences, and hopefully next time, you will make better decisions.

Response by SFC Michael D. made Jun 19 at 2019 9:53 AM

2019-06-19T09:53:07-04:00

What drug was detected? Was it something that would cause a false positive? If not then was it a recreational drug? If it was a recreational drug, you knew better and I bid you farewell.

Response by SGM Bill Frazer made Jun 19 at 2019 2:18 PM

2019-06-19T14:18:51-04:00

In my Regt, The BC handled all drug cases- Field grade Art 15 and then chapter- I never ever saw anyone beat it, because he demanded a re-test after the results- 2 hots = gone

Response by SFC Private RallyPoint Member made Jun 19 at 2019 2:34 PM

2019-06-19T14:34:27-04:00

Contrary to what the barracks lawyers tell you, there are no loopholes. Commanders have wide latitude administer punishment.
Your best bet is to be such a stellar Soldier that your whole chain of command goes to bat for you to the Brigade commander.