Posted on Jan 28, 2019
Getting chaptered for 2nd failed apft but I was pregnant at the time. How do I go about this situation?
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I am being chaptered out for 2 failed APFT.
My second APFT soon after I found out I was pregnant. By regulation if your primary care provider can prove that you were pregnant during your APFT then it does not count and is erroneous.
I disagreed to my involuntary sep counseling and stated the regulation. I then went to IG who consulted legal and I was told by IG that the chapter 13 is invalid because my second apft should not count. IG can only advise my commander not make him do anything. IG advised my commander that the chapter would not go through if he continued with separation. My commander is still acting as if I am being chaptered. I have not started anything for my separation process but they are already counting me as a loss and very certain I will he kicked out soon. I have been to 1 SFLTAP class and that is all. He is telling my NCO’s I will be out by March but I have not been read my chapter 13, I work in the S-1 shop and it has not been signed by my battalion commander at all.
I would like to know my status but I don’t want to come off as disrespectful.
My NCO’s are too scared so ask my commander and 1SG and everytime I ask, they believe I am being disrespectful for questioning them but I am not I’m honestly just trying to figure out what is my status.
How do they know I will be out by March? I haven’t started any separation process. If I do not agree shouldn’t it take longer because there will be a trial?
What do I do in this situation? I honestly believe my failure was due to my pregnancy I was horribly sick and threw up right before my test but I was determined to take it and pass but my stomach was just so upset. Which is why I decided to take a test after because I don’t get sick.
I have now put a target on my back solely because I’ve been standing up for myself in the most respectful way possible by providing facts and regulation, but I think I’ve made my leadership dislike me even more, I am now on staff duty every weekend and targeted for every horrible detail, so coming to work is an embarrassment and hard for me but I do it everyday, and just try to keep my head up.
My second APFT soon after I found out I was pregnant. By regulation if your primary care provider can prove that you were pregnant during your APFT then it does not count and is erroneous.
I disagreed to my involuntary sep counseling and stated the regulation. I then went to IG who consulted legal and I was told by IG that the chapter 13 is invalid because my second apft should not count. IG can only advise my commander not make him do anything. IG advised my commander that the chapter would not go through if he continued with separation. My commander is still acting as if I am being chaptered. I have not started anything for my separation process but they are already counting me as a loss and very certain I will he kicked out soon. I have been to 1 SFLTAP class and that is all. He is telling my NCO’s I will be out by March but I have not been read my chapter 13, I work in the S-1 shop and it has not been signed by my battalion commander at all.
I would like to know my status but I don’t want to come off as disrespectful.
My NCO’s are too scared so ask my commander and 1SG and everytime I ask, they believe I am being disrespectful for questioning them but I am not I’m honestly just trying to figure out what is my status.
How do they know I will be out by March? I haven’t started any separation process. If I do not agree shouldn’t it take longer because there will be a trial?
What do I do in this situation? I honestly believe my failure was due to my pregnancy I was horribly sick and threw up right before my test but I was determined to take it and pass but my stomach was just so upset. Which is why I decided to take a test after because I don’t get sick.
I have now put a target on my back solely because I’ve been standing up for myself in the most respectful way possible by providing facts and regulation, but I think I’ve made my leadership dislike me even more, I am now on staff duty every weekend and targeted for every horrible detail, so coming to work is an embarrassment and hard for me but I do it everyday, and just try to keep my head up.
Pregnancy
APFT
Failure
Posted >1 y ago
Responses: 8
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Seems this is the third time you've posted this question.
I've noticed you haven't provided a clear respomse to the question regarding the length of time between your 2nd failure and the medical determination that you were pregnant.
Even were it the same, or next, day, your commander may be on solid ground, unless your doctor provides a medical opinion, in writing, that the cause of your 2nd failure was an underlying medical condition. Specifically, your pregnancy. Unless JAG tells you differently, your pregnancy, discovered after your 2nd APFT failure, does NOT, by itself, give you a pass for that failure.
Separation under Chapter 13 applies to:
1. Pregnant soldiers whose substandard duty performance is not caused solely by pregnancy. Such
substandard performance may include failure to report to duty without medical or military authority or refusal of Conus reassignment during the first six months of pregnancy.
3. Soldiers who fail two consecutive APFTs and have no underlying medical limitations.
I've noticed you haven't provided a clear respomse to the question regarding the length of time between your 2nd failure and the medical determination that you were pregnant.
Even were it the same, or next, day, your commander may be on solid ground, unless your doctor provides a medical opinion, in writing, that the cause of your 2nd failure was an underlying medical condition. Specifically, your pregnancy. Unless JAG tells you differently, your pregnancy, discovered after your 2nd APFT failure, does NOT, by itself, give you a pass for that failure.
Separation under Chapter 13 applies to:
1. Pregnant soldiers whose substandard duty performance is not caused solely by pregnancy. Such
substandard performance may include failure to report to duty without medical or military authority or refusal of Conus reassignment during the first six months of pregnancy.
3. Soldiers who fail two consecutive APFTs and have no underlying medical limitations.
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1SG (Join to see)
SFC (Join to see) Two were deleted. At least one under a fake name an admin deleted.
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SPC Samantha Stapley
1SG (Join to see) - I was just making a comment about how things went for me. Also, thank your for clarifying that they were deleted. I wanted to read the responses to those other two as well.
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To be honest I would not worry about the chapter in your situation....... The IG already advised your commander the chapter will not stick...... Even if your chain still decides to pursue, you can always fight it...... As a Soldier, you have to stand up for yourself. You are doing the right thing by researching regulations, something vast majority of Soldiers don't do. You have to understand chain of commands don't like to be wrong like in this case, but they will be ok........ I wouldn't be too worried about your status, just keep Soldiering and drive on......
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