What is the process for a separation date through chapter 8?

2019-03-14T17:32:46-04:00

I found out i was pregnant approximately 3 months ago and have been trying to voluntarily chapter out of the military through a chapter 8 (for pregnancy). I got my packet all together, since I am in the training room and sent it to s-1 to give to the battalion commander for his signature. From my knowledge, I am allowed to choose my separation date so long as my military physician and battalion commander agree. I am going to be travelling almost 15-18 hours by myself in a vehicle to get to my home so naturally I prefer this to be earlier on in my pregnancy. HOWEVER, even after the battalion commander signed my packet and approved the date, Brigade is telling me I cannot separate earlier than 30 days from my due date. I even called IG ahead of time to ask and they said the same thing as far as the battalion commander and my military physician...Can they do this? Someone please help me!

Response by MSG Private RallyPoint Member made Mar 14 at 2019 6:01 PM

2019-03-14T18:01:31-04:00

AR 635-200, Section II, Paragraph 8-9 states:

8–9. General
If an enlisted woman is pregnant, she will be counseled by the unit commander using the pregnancy counseling checklist. (See fig 8–1 and app B.) The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may—
a. Upon request, be separated per this chapter. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. The date must not be later than 30 days before the expected date of delivery or the latest date her military physician will authorize her to travel to her home of record or entry on duty destination, whichever is earlier. The separation authority will approve the request according to this chapter.
b. Remain on active duty.

So yes, you can request a specific separation date, but the Separation Authorities and Physician will set the separation date.

Response by SFC Private RallyPoint Member made Mar 14 at 2019 7:56 PM

2019-03-14T19:56:12-04:00

Since starting this process, have you gone to legal yet? Has your packet been through legal yet? The process has to be signed off by legal as well. If you haven’t gone yet, I highly suggest you get there as soon as possible. Also, please make sure you take your NCO with you to assist in this process, this way you’ll have someone with you who has a better understanding of military procedures. You are correct when you stated you’re able to choose your date, this is why I asked if you’ve been to legal because they’ll make sure your command stay on task...good luck to you, I hope this helps...