Posted on Sep 4, 2020
What happens if a Chapter 8 doesn’t get approved 30 days before the SM’s due date?
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I alerted my chain of command to my pregnancy April 15, as soon as it was verified by the clinic. I then waited 30 days for pregnancy counseling, I had to get ahold of legal to send the counseling to my COC. Which, nothing on them. They haven’t really had female soldiers before. I had already decided to opt for a separation due to being dual military and stationed OCONUS. On May 15th; I, along with my commander, signed my counseling. By June 30th, I had everything from my phase 1&2 physicals to my SGLI submitted to my packet. I was told July 17th that my packet was being signed by the deciding authority. Then, today (September 4th), I find out my packet hasn’t even left my commander and I have to take it to legal to get sent up to the signing authority. I have 30 days to be out of the army, that will be 30 days before my due date. I’m at a loss as to what to do here, any advice would be appreciated.
Pregnancy
Legal Services
Legal Assistant
Posted 4 y ago
Responses: 3
According to AR635-200 "If your performance or conduct warrants separation for unsatisfactory performance, or if parenthood interferes with your duty performance, you may be separated involuntarily even though you are pregnant."
From Soldiers i know to have chosen a Chapter 8, you have up until 6 weeks following birth to request separation.
I dont understand why legal is getting involved in this situation as they play no factor in this. You also have to understand that this is considered a voluntary separation and it doesn't always necessarily mean you will be separated. They may decide to retain you.
From Soldiers i know to have chosen a Chapter 8, you have up until 6 weeks following birth to request separation.
I dont understand why legal is getting involved in this situation as they play no factor in this. You also have to understand that this is considered a voluntary separation and it doesn't always necessarily mean you will be separated. They may decide to retain you.
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SPC (Join to see)
I didn’t see that ‘6 week’ addition in the CH. 8 portion of the regulation. Is this contingent upon command? Like as a courtesy? Or? Sorry if my questions sounds insane. My CoC isn’t aware.
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You can be proxy cleared from the unit/installation if you are not physically able to do so yourself.
I don't see anywhere in the regulation that states a Soldier must be separated prior to delivery.
You should not be the one transporting or directing your packet. If it is not being processed, then you can contact the chain of command or IG to get updates.
I don't see anywhere in the regulation that states a Soldier must be separated prior to delivery.
You should not be the one transporting or directing your packet. If it is not being processed, then you can contact the chain of command or IG to get updates.
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Thank you for this because I am in a similar situation now. I always thought it had to be before 30 days.
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SGT (Join to see)
In the current version of AR 635-200, chapter 8, you must be separated no later than 30 days prior to your due date. If you are separated after that 30-day mark, it must be under a different chapter. Chapter 5-8 (involuntary separation due to parenthood) is commonly mentioned, but it isn't so clear cut. For one thing, chapter 8 is voluntary, and chapter 5-8 is involuntary, meaning that your chain of command can decide to keep you anyways and there's not a whole lot you can do without jeopardizing the character of your discharge.
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