Posted on Jan 8, 2023
Can a chapter 5-14 be pushed back to accommodate an upcoming surgery?
10.8K
22
8
1
1
0
Currently going through an Administrative Chapter (5-14) that was initiated in August 2022. I have not received an official ETS date yet. But, I have been told by my Commander and 1st Sergeant that I will be getting out in early February this year (2023). My question is, I have a surgery scheduled for April 2023 for an issue that was caused by the army. My USO advisor who is a former first SGT told me they can push my chapter back to allow me to get surgery. What are my options here? Can my commander still deny this surgery to chapter me out faster?
Posted in these groups: 71D: Legal Specialist
Legal ServicesLegal NCO
Career Counselor
Career Advice
Legal ServicesLegal NCO Career Counselor Career Advice
Posted 3 y ago
Responses: 7
5
5
0
I'm sure your command "could" ask JAG to hold off on processing your chapter, but they're not going to.
Also, if your administrative separation has not been approved yet, your ETS is not going to be in February. It's almost always 90 days from approval date.
Also, if your administrative separation has not been approved yet, your ETS is not going to be in February. It's almost always 90 days from approval date.
(5)
(0)
The date is set by the timeline of your discharge. Your medical care doesn't determine your chapter date. If you are separated and the care is required due to your service then you would fall into the VA system. The Army necessarily wouldn't be able to delay it. Your two options would be to move up your procedure or wait will your with the VA.
(4)
(0)
You're ETS is in weeks but surgery is in months? Have you spoken with your Commander about this? Retention? Surgeon? Read AR 635-200?
(4)
(0)
SPC (Join to see)
I haven't recieved an official ETS date, my chapter packet is not complete. I've been told certain dates for ETS, first was March, Now February but nothing concrete. I have not been able to consult with legal because my chapter paperwork is not complete.
(0)
(0)
1
1
0
You need to communicate this with your Chain of Command. Just because your adjusted EAS/ETS isn't public yet doesn't mean much. It may be different in the Army but in the USMC Chapters result you in getting a 10 day letter once the chapter is finalized and you have that time to be processed and pushed out. If the procedure was scheduled before the chapter was put in place you might be able to work with your leadership but it isn't guaranteed. Good Luck.
(1)
(0)
1
1
0
Unless the reason for the surgery is life threatening they may. If it is not, then the chances are very slim.
(1)
(0)
0
0
0
I say talk to your defense attorney at jag . Let them do their job and be your voice.
(0)
(0)
0
0
0
Look, I seriously doubt it- and you don't have a release date until the chapter is complete. Normally the release is set for about 90 days after the chapter is finished. I mean you want to ask the Command that is chaptering you for an extension? Depending on the discharge, if you bring medical problems from the service, then you can go to the VA, they can out contract surgeries like my knee replacement.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google