Posted on Jan 22, 2016
How can I recover from a field grade article 15 when I'm facing my RCP date?
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Hello to everyone, I was giving a fg art 15 under art 134 from my understanding is basically a general we feel you did somethings wrong we are going to punish you type of art. But I was demoted for a NCO to a SPC and put on 6 months "probation"?as well as extra duty for 45 days. My issues is that why didn't the chap me because I'm going to hit rcp in 8 months with my demotion. I don't want to get out, yes I made a mistake. But I don't want to get out. Any advice would be greatly appreciated.
Posted 10 y ago
Responses: 36
SGM Quick is correct, they did you a favor. Even if for some reason you get chaptered out for RCP, you can still come back in after a certain period, either in the Reserves or possibly active duty if you receive an R-1 on your DD214. (As long as they don't put a bar to reenlistment on you- you should be OK)
If you go into the National Guard or Reserves, you may be able to be promoted right away (or within 6mo. or so for an E5) and then apply to go back on Active Duty.
If you go into the National Guard or Reserves, you may be able to be promoted right away (or within 6mo. or so for an E5) and then apply to go back on Active Duty.
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That 1SG sounds like he's probably the best source of info you're likely to get, but forgive me for asking, but do YOU agree the Article 15 was JUST? Looking at AR27-10, there's several options available, in the event you were railroaded. (The reason I ask, is because I know I was charged with AWOL, when my command was literally not going to ALLOW me to perform my duty, which violated multiple ARs. They also charged me with Failing to Follow Orders (FFO) when the order I failed to follow, was "unlawful". Long story short, I requested trial by courts martial, my Trial Defense Service rep, completely failed, and directed me to voluntarily go back to the Article 15 process, where I was railroaded, and am now an E6, when I had just accepted an offer of promotion to E8. THAT turned into my request for "set aside" IAW AR27-10 para 3-28. SO.. since this is OLD news, I'm going to guess this may not help you, but MAYBE it can help the next SM faced with this and researching answers.)
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i cant ask a question thought i piggy back on this disccusion...
if demoted and ets is adjusted accordingly to rcp
will ets be readjust to contracted date if promoted?
if demoted and ets is adjusted accordingly to rcp
will ets be readjust to contracted date if promoted?
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I would say go to JAG, and if you feel this unit is giving you the run around, see if IG can do anything to help.
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Then what your issue? Re-up. You were given a 6 month rip to E4 for doing something dumb. La-ti-da. You owned up to it. In a few more months your eligible for your 5's. As long as you passed your pt and did not fail a drug test you are ok to stay in.,
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If after the 8 months and you are in transition, suppose you come out with an honorable discharge. You will be eligible for the national guard or army reserve. Not a bad situation to be in, you can still salvage your military career.
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No, must have done something wrong, very wrong to be demoted from an NCO. It seems clear you still haven't accepted responsibility for that, based on your opening statement. You need to start planning for the future outside the Army. Making it back to SGT is going to be tough if not near impossible. Did the BC suspend any of your sentence? You must remained flagged while that suspension remains. If he suspended a portion of your sentence, say, pay for 180 days, you'll be flagged that entire time and won't have enough time to be promoted once that flag is lifted. Start you SFL now and take it seriously, lots of companies are looking to hire vets.
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Been there personally. I got through it by working closely with my company commander and 1SG, who both seemed to like me. They went to bat for me, but I really sweated hard in the process. If you can get your immediate chain of command on your side, sometimes mountains can be moved. Not all of us make the best decisions, but if you can make the case - with your actions - that it was an issue that is passed, you have a better chance of remaining where you're at, beyond the RCP date. Trust me, I've been there.
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It is doable but very hard. You have two avenues of attack A. get promoted in 8 months ( which might not be possible) or B. get an exception to policy from the Deputy Chief of Staff for Personnel ( currently LTG McConville). The request will need to be immaculately written if you have an NCO with a masters in English get his assistance. You will need someone of high position to advocate for you. If you are on a large post the post commander might be sufficient to do so and the easiest way to get an advocate at that level is to win the corresponding board. Ask to go to boards now do not wait until your extra duty is over. Lastly even if you do everything perfectly you still might not get the exception.
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My opinion has always been that if you didn't do it, demand the court martial. When you accepted the Article 15, you basically said, I plead no contest. You wrote your own discharge warrant.
I was once threatened with an Article 15 for something I was not guilty. I refused it and demanded the court marital. They knew they could not win and reduced it to a letter of counseling which was subsequently refused for the same reason. It went away but not without a lot of harassment and a letter from JAG.
Point: Know your rights. If you don't know your rights, see a lawyer. Stand your ground if you are in the right and let your lawyer speak for you.
(Note: I am not a lawyer)
I was once threatened with an Article 15 for something I was not guilty. I refused it and demanded the court marital. They knew they could not win and reduced it to a letter of counseling which was subsequently refused for the same reason. It went away but not without a lot of harassment and a letter from JAG.
Point: Know your rights. If you don't know your rights, see a lawyer. Stand your ground if you are in the right and let your lawyer speak for you.
(Note: I am not a lawyer)
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