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 in these groups: 
Article 15
RCP
Article 15 RCP
Posted 10 y ago
Responses: 36
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You may need to follow all the guidelines they want you to follow and be on time for your extra duty , in form your chain that you messed up and let them know you do not want to get out and if they let you get your stripes back that they can depend on you again as a Nco.
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I have read many of the responses to your question. In the short term, our forces are downsizing. You can't do anything about that. Given the situation, you may find yourself separated. Until then keep your performance outstanding. If you are separated, go to the Guard and Reserve.
My thoughts are that shortly, the need for a larger force will be needed. You may be able to reenlist then, possibly with a waiver.
There are a few "ifs" here an no guarantee. But, it is possible. In the meantime, keep doing things to demonstrate excellence and make yourself better....everyday.
My thoughts are that shortly, the need for a larger force will be needed. You may be able to reenlist then, possibly with a waiver.
There are a few "ifs" here an no guarantee. But, it is possible. In the meantime, keep doing things to demonstrate excellence and make yourself better....everyday.
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Article 134 is an extremely broad Article under the UCMJ, and has several sub-articles. I was a Paralegal before I commissioned and I dealt with a lot of Article 15s and Courts Matial. The fact that your BC gave you a suspended sentence says something. Unfortunately since you were an NCO this will more than likely go into you "Permant File" and pretty much follow you around for the rest of your career, but it's not as bad as a Court Martial. You can always recover from these things, I've seen it happen before just for the rest of your time keep your nose clean and keep pushing until the suspended sentence is up then your BC will have the option to forgive the part he suspended.
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Same thing happened to me in Korea March 2017. It’s not the end of the world, Trust me. I was a Sergeant promotable waiting to go ALC after I would have PCSed with two weeks left. Got into a situation where I got hit with an article 15 too. All I needed was ALC to get promoted being that I had 780 points and my 91B was around 650 or so at the time. But one laps in judgment caused me to lose my ALC slot, my promotion status, and my rank which put me in RCP status. Mind you, I never was I. That situation. Just move forward onto better things. I tried to go back to the board after my six months but wasn’t willing or ready to kiss ass for it. Never did it and wasn’t ready to be one of those people. If anything, request a court martial and take your chances. If I could do it again, I would have chosen court martial instead of non UCMJ action.
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SPC Bolden,
Thank you for your ownership of the situation. I would ensure that whatever discharge you get ensure that is it honorable or honorable conditions. Depending on your discharge and I have seen this happen in the past. You may be able to apply to the NG and continue serving. Article 134 is the catch all discharge I am surprised that you did not request court martial. Unless they had a lot of stuff on you like counselings, verbals, etc etc. Your rights were to seek counsel, What was the outcome of that visit?
Thank you for your ownership of the situation. I would ensure that whatever discharge you get ensure that is it honorable or honorable conditions. Depending on your discharge and I have seen this happen in the past. You may be able to apply to the NG and continue serving. Article 134 is the catch all discharge I am surprised that you did not request court martial. Unless they had a lot of stuff on you like counselings, verbals, etc etc. Your rights were to seek counsel, What was the outcome of that visit?
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SFC A.M. Drake
SFC Rooks,
Did I miss something? He got a field grade article 15, got demoted now he is facing RCP for E4, so explain to me where are you getting "promotion board" info when he is facing ETS from the service in 8-months?
Did I miss something? He got a field grade article 15, got demoted now he is facing RCP for E4, so explain to me where are you getting "promotion board" info when he is facing ETS from the service in 8-months?
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SFC Justin Rooks
I have seen Soldiers that have been demoted because of a Field Grade Article 15, completed their punishment phase and gone back to the promotion board and gotten promoted within that time. The key was that they had the backing of their Chain of Command to where they went back to the board not long after. They also had the requisite points to be able to make cutoff after going back. But nothing could have happened without the Chain of Command believing in that Soldier. Not saying that that's going to be his case, but it is possible.
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SFC Justin Rooks
Also, I did say that he still needs to take advantage of SFL-TAP in the event that he doesn't get the support he needs from his Chain of Command so he's not behind the power curve in preparing for transition. He has to be prepared for both instances.
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Do some research not sure if you can get RCP if you were demoted due to Artical 15, also talk to JAG about this.
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SGM Erik Marquez
SSG Clarence Blackburn
Why you hit RCP is not relevant, just that you did.
Ar 601-280 http://www.apd.army.mil/jw2/xmldemo/r601_280/main.asp
3-8, g, (2) Except for soldiers serving indefinite reenlistments, soldiers who reach their RCP during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, may serve until contracted Expiration Term of Service (ETS), unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions. Soldiers in this category who are eligible may apply for retirement. Soldiers with less than 18 years AFS serving indefinite reenlistments who exceed RCP as the result of a reduction in rank may serve to minimum retirement eligibility unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions.
Why you hit RCP is not relevant, just that you did.
Ar 601-280 http://www.apd.army.mil/jw2/xmldemo/r601_280/main.asp
3-8, g, (2) Except for soldiers serving indefinite reenlistments, soldiers who reach their RCP during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, may serve until contracted Expiration Term of Service (ETS), unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions. Soldiers in this category who are eligible may apply for retirement. Soldiers with less than 18 years AFS serving indefinite reenlistments who exceed RCP as the result of a reduction in rank may serve to minimum retirement eligibility unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions.
* Implements the Don't Ask, Don't Tell Repeal Act of 2010 by deleting all references to separation for homosexual conduct and to homosexual conduct being a disqualification for Army reenlistment (paras 3-9c(4), 3-9e(3), and 7-4a(9)(d); rescinded para 5-13e).
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SGT John Efelis
If you are facing RCP, prior to any reduction in grade, after reduction, the date of your reduction will automatically trip the system per say to began immediate processing of RCP'ing you based on your rank after reduction. Your reduction in grade will just start the process sooner and reduce your RCP payment amount.
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SGT John Efelis
SSG Clarence Blackburn - Blackdaddy.....lets say your an E5 and are months away from reaching your RCP. If you receive a Art 15 and get reduced to SPC, the system will automatically trip effective the date you were demoted. The real difference is the amount of money your RCP payment will be reduced by your "new" rank and the fact that the process of booting you out started immediately.
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Hey man I have a field grade and demoted too with the article 134 but I haven’t done anything including with lack of evidence which I went to TDS. It doesn’t meet the criteria which legal says. I’m still waiting on my appeal and it’s been almost a month and my ERB still says E5. I’m trying to figure that out is what going on. What people saying is true then go there reserve or ng. Luckily for both of us we not getting chapter out. My question is to y’all leaders or veterans is if Trial Defense Service say the evidence doesn’t meet the criteria of AR 600-20 what they giving me, should the commander go by the law?
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First, you don't need to guess that you did something wrong, you did. Don't partially own it, or you stand no chance of recovering enough to remain on AD, if time permits.
Be at the right place, at the right time, in the correct uniform, and ready to work/train. Even if you don't have time to go back to the board and get promoted, don't do anything that could result in a chapter and your character of service becoming one that excludes you from receiving VA benefits.
Plan for the worst case scenario, which, based on your post, is separation in 8 months.
Research education/vocational opportunities wherever you plan on living. VA has a webpage with a search function for approved vocational training--use it. Find one that permits you to work and go to school.
Save money to sustain you while you wait on any GI Bill benefits to kick in; security deposit; rent; utilities; etc.
Finally, once you own whatever you did that put you in this position, don't beat yourself up over this for too long. Whenever I had a Soldier come in for counseling or reading of an Article 15, I would tell them they had to fu@! up alot more to catch up to me. Everyone messes up; it's what you so afterwards that determines your character.
Be at the right place, at the right time, in the correct uniform, and ready to work/train. Even if you don't have time to go back to the board and get promoted, don't do anything that could result in a chapter and your character of service becoming one that excludes you from receiving VA benefits.
Plan for the worst case scenario, which, based on your post, is separation in 8 months.
Research education/vocational opportunities wherever you plan on living. VA has a webpage with a search function for approved vocational training--use it. Find one that permits you to work and go to school.
Save money to sustain you while you wait on any GI Bill benefits to kick in; security deposit; rent; utilities; etc.
Finally, once you own whatever you did that put you in this position, don't beat yourself up over this for too long. Whenever I had a Soldier come in for counseling or reading of an Article 15, I would tell them they had to fu@! up alot more to catch up to me. Everyone messes up; it's what you so afterwards that determines your character.
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I didn’t want to get out either. Go sign a National Guard contract and make sure you get a bonus. Do it before you get your clearing papers. Get out, take the RCP money. They can’t break your NG contract. Drop your promotion packet in the guard one month after your fist drill. Apply for full time position. Check the FMS shops. You’ll end up deploying in the guard most likely. You don’t really get out, you just change where your paycheck comes from. Enjoy.
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