Posted on Feb 13, 2020
How do I handle being potentially separated wrongfully for ABCP failure?
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I first want to clarify, I'm not saying I'm not overweight and shouldn't be on the ABCP, I'm fat, but I'm putting in the effort to get better.
I was flagged and put on the ABCP in july 2019, january was my 6th month on the program, though it was only my 5th screening as I was on leave in august and was never called in to get one done. I've previously failed to make satisfactory progress in september and november.
My commander has initiated seperation even though I lost 6lbs from the previous month because, paraphrasing his words, it's only a 6 month program, and anything beyond that is commander's discretion. I've spoken with other officers I've met and they've told me that I shouldn't be getting chaptered as I havent failed yet and, after looking over my copy of my ABCP packet, things weren't done properly. I didnt recieve confirmation tapes, some of the NCOs involved in my screenings weren't certified to do them, and I missing a month. I have spent a significant amount of time digging into regulations, specifically 600-9 and 635-200, and i brought to my commanders attention the criteria for program failure and how I havent met them, and he responded with the 6mo and commander's discretion lines.
My questions are:
1) Am I missing something somewhere that I'm unaware of, because I very much want to stay in the army, and having been making the changes to meet the standards?
2) Do I have to wait to talk to TDS until after BDE legal looks over everything (i already spoke to IG for guidance, but due to it being in the legal realm, they couldnt help me)?
3) What happens if/when they realize things were done improperly, do I just stay on the ABCP where I'm currently at, do the restart the clock on it, what should I expect?
I was flagged and put on the ABCP in july 2019, january was my 6th month on the program, though it was only my 5th screening as I was on leave in august and was never called in to get one done. I've previously failed to make satisfactory progress in september and november.
My commander has initiated seperation even though I lost 6lbs from the previous month because, paraphrasing his words, it's only a 6 month program, and anything beyond that is commander's discretion. I've spoken with other officers I've met and they've told me that I shouldn't be getting chaptered as I havent failed yet and, after looking over my copy of my ABCP packet, things weren't done properly. I didnt recieve confirmation tapes, some of the NCOs involved in my screenings weren't certified to do them, and I missing a month. I have spent a significant amount of time digging into regulations, specifically 600-9 and 635-200, and i brought to my commanders attention the criteria for program failure and how I havent met them, and he responded with the 6mo and commander's discretion lines.
My questions are:
1) Am I missing something somewhere that I'm unaware of, because I very much want to stay in the army, and having been making the changes to meet the standards?
2) Do I have to wait to talk to TDS until after BDE legal looks over everything (i already spoke to IG for guidance, but due to it being in the legal realm, they couldnt help me)?
3) What happens if/when they realize things were done improperly, do I just stay on the ABCP where I'm currently at, do the restart the clock on it, what should I expect?
Posted in these groups: 
ABCP
ABCP
Posted 4 y ago
Responses: 3
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I'm glad you are taking action and reading the regulations. You are looking at the correct regulations. Your commander is not the approving authority and there is a legal review process to ensure you are not unlawfully being separated. You can talk with TDS at any time. They prefer you bring any documentation you have to look for errors and give you the best advice. There is a chance that either BDE legal or your TDS counsel finds something wrong at which point the process may be dropped or restarted.
Per the regulation, you will remain flagged and enrolled in the ABCP program until you meet standards or are separated. You will not be restarted. The initial flagging date is the date you were found not in compliance. You are expected to continue to try and make process. Showing improvement will benefit you, both for personal health and in separation proceedings. Some higher commanders will review all the weigh-ins and see you are making process and choose to retain you.
Per the regulation, you will remain flagged and enrolled in the ABCP program until you meet standards or are separated. You will not be restarted. The initial flagging date is the date you were found not in compliance. You are expected to continue to try and make process. Showing improvement will benefit you, both for personal health and in separation proceedings. Some higher commanders will review all the weigh-ins and see you are making process and choose to retain you.
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If the screenings were done improperly then JAG will return the packet for lack of supporting documentation. There is also no six month requirement, it's a guideline.
That being said, it's been over six months and you haven't come off the program either. It's not a matter of just making progress over a year. You need to actually overcome the weight and get off the program. You don't have to fail to separated, you can be separated for not making adequate progress. A lot of it will depend upon the JAG who is reviewing the packet.
Best option is lose the weight now before your chapter is approved. Even if the packet is kicked back you will continue to be taped, more strictly now, until you are separated
That being said, it's been over six months and you haven't come off the program either. It's not a matter of just making progress over a year. You need to actually overcome the weight and get off the program. You don't have to fail to separated, you can be separated for not making adequate progress. A lot of it will depend upon the JAG who is reviewing the packet.
Best option is lose the weight now before your chapter is approved. Even if the packet is kicked back you will continue to be taped, more strictly now, until you are separated
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I recommend speaking to TDS as soon as humanly possible, even if it's during your free time. I'd bring it to their attention, and see if there's anything they can do BEFORE your mandatory meeting with them.
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