Article 15 and involuntary discharge?

2018-10-04T01:35:41-04:00

I'm unsure how to proceed. I am currently pregnant and just barely out of my first trimester. I had my first son 8 months ago and have been in for 2 years. I was late 3 times due to car troubles. My car wouldn't start two of those times. Each time I fixed the car so that I could get it to limp along. I tried to take as few hours as possible to find a working situation so that I'd be able to make part of my work day. I am now being told that a chapter 8 would be in my best interest. I have been advised that my Commander can take that one write up and make it out to be misconduct on my side and procure an involuntary discharge or an article 15. I was advised he can request my field jacket and use one write up to do this instead of needing to have 3 to do it. I read on what misconduct is and technically two issues of any kind can be misconduct, but it usually appears to be tied to more egregious errors having to do with drugs or alcohol. I was told that it could turn into a involuntary discharge and that I will lose all of my benefits. I asked if I should be preemptive and go speak to legal and was advised against it. I was told that if I just take a chapter 8 they are unlikely to try to push an involuntary discharge and that they'll just let it slide. I was told that the commander could pull my jacket at any time and use whatever he wished to against me. I was also asked if I planned on having any more kids to which I advised no. I was told that if I take the chapter 8 they will pay for my three months of leave in full, which contradicts what I've been reading. I am about ready to either go to IG or my EO representative. I am fairly confused how a Sgt who sexually harassed his subordinates gets away with being demoted to a specialist with extra duty, while a pregnant woman who had legitimate car troubles is being told they will bar her or involuntary discharge her. I would think sexual harassment is a hell of a lot worse than car troubles? I have noticed that the unit I am in also has a blatant disregard for AR 40-501 and try to require females to take a record pt test without giving them the 180 days from termination of pregnancy to get back to the standard. My PA had to physically create another profile. Do I take the discharge? Should I contact IG? Should I contact my EO representative?

Response by SGM Herman Whitley made Oct 4 at 2018 2:06 AM

2018-10-04T02:06:36-04:00

Most definitely seek legal counsel. Probably more to the story but regardless make no decision without legal counsel.

Response by SFC Private RallyPoint Member made Oct 4 at 2018 3:14 AM

2018-10-04T03:14:17-04:00

I would first ask who is "they"? Did your commander or 1SG sit you down and tell you this? A pregnancy chapter is a voluntary chapter and the person telling you this is trying to bluff you into opting for it. They also are not allowed to make any recommendations about you having children in the future.
You can talk to legal, but their job is to work for the commander and they won't discuss your case with you, but you can ask general questions. I'll tell you that it's damn near impossible to kick someone out for being late three times.
I don't think this falls under EO, but I'm not an EO rep. This is more like intentional misinformation and bluffing. You could contact IG about the APFTs as well.

Response by SSG Brian G. made Oct 4 at 2018 11:38 AM

2018-10-04T11:38:33-04:00

By what you are stating, you go to the IG. This is not an EO matter as you are not being harrassed. You are being fed misinformation by the sounds of it. Also you need to be specific on who "they" are and exactly what and when it was said. If they are not following the regs as far as APFT then that needs to be brought up and pointed out so the appropriate command authority can look into it and it be dealt with properly and finally.

As to your vehicle, I would suggest you find one that is in better working condition, not just for your job but for yourself and the young child you care for. Many locales have what is known as a lemon lot for vehicles that are otherwise good but the service member could not take the vehicle with them, also most locales have good financing, especially through a credit union.

Response by SFC Robert Walton made Oct 5 at 2018 10:03 AM

2018-10-05T10:03:53-04:00

SPC Private RallyPoint Member I am old school however this sounds a bit like a Squad leader being a ( S*** house lawyer) 1st let me say if you are late once then verbal counseling, 2nd time written 3 time written with a Recommendation to visit with the PLT SGT. More lateness after that would be More devastating. Now with that said have you requested to talk to your PLT SGT. About all this or are you just taking the Squad Leaders word for everything. If this is the case you need to request to see the PLT SGT. and, or PLT Leader. and chat with them about all of this including APFT. The PLT SGT/ PLT LDR. Will usually use a Counseling form which a copy should be furnished if they support what the SQD. LDR. has said then it is time to see EO, IG, Provided this is the only problems you have under counseling As for you field file being use yes it is if you have had issues before however if nothing bad is in it then there would be nothing to worry about. Hope this helps. Good luck.

Response by SSG Private RallyPoint Member made Sep 22 at 2019 2:41 AM

2019-09-22T02:41:23-04:00

Talk to legal.

Response by SGT Michael Hearn made Sep 22 at 2019 9:41 PM

2019-09-22T21:41:55-04:00

Hello Soldier,
I am an old school Army veteran, But the Army is not a babysitting service.
The mission of the Army is the go-to war or train for it. You know what you were doing when you joined. Maybe the military is not your cup of tea......