How likely am I to be separated after a Field Grade Article 15 for drunk and disorderly conduct and assault?

2021-06-02T06:40:22-04:00

I got into a fight at the barracks with three other guys and we were taken to the Mp station. No one was seriously injured, no weapons were involved and we were all drunk idiots. Fast forward 2 months I had an article hearing with my command team and LTC and was found guilty of the charges. I received a demotion from E4 to E1, extra duty and was separated from my unit. I was told now after getting my field grade article that it has to go to the brigade commander to see if he’s going to separate me from the army. My commander and LTC said they were going to put in letters for me to be retained. Has anyone experienced anything similar to this? I am being found guilty of assault and drunk and disorderly conduct. I was told it’s being pushed to brigade because of my charges. During my article hearing my LTC told me he had no choice but to remove me from the unit but he doesn’t want to see me get removed from the army. He said the brigade colonels will determine weather Im moved to another unit, PCS or separated from the army. I’ve already talked to TDS prior to this and my sgt said once they hear from brigade that I will be notified. This is my first time being in any sort of trouble and I’m honestly terrified of being chaptered. What will happen next?

Response by MSG Private RallyPoint Member made Jun 2 at 2021 7:05 AM

2021-06-02T07:05:55-04:00

What happens next is you wait for word. If BDE decides to cut you lose, you'll have about 30 days or so (best guesstimation) before your orders are cut. If you are notified you'll be chaptered, you'll need to complete SFL-TAP and clear base as quickly as possible.

Response by SFC Private RallyPoint Member made Jun 2 at 2021 7:14 AM

2021-06-02T07:14:58-04:00

If you get lucky and the Brigade Commander is told you are a good Soldier by your COC and doesn’t go ahead with kicking you out of the Army you should count your stars. That should be kick in the ass to set you in the right track from here in out and should probably stay away from drinking all together. If you are able to stay in think of it as being in probation and even the slightest screw up they will send you packing.

Response by SPC Private RallyPoint Member made Jun 2 at 2021 9:37 AM

2021-06-02T09:37:26-04:00

During your article 15 process you would have been advised to seek out Trial Defense Services (TDS). During an administrative separation you will also be advised to speak with them. In short you can receive an article 15 and an administrative separation.

What you should do at this point is work with your chain of command on showing why you should be retained. Everything from character witnesses and written statements to you writing your own plea of mitigating factors and acceptance of fault.

If you succeed in convincing your chain that you should stay, take this as a wake up call. I enjoy a good drink especially after the stuff I deal with, as do many Soldiers. That said, you're still responsible for you even when drinking. Avoid the dumb arguments, the morons, and the fights.

Response by CPT Lawrence Cable made Jun 2 at 2021 10:27 AM

2021-06-02T10:27:54-04:00

OK, if your question is can you be administratively separated from the Service after a Field Grade Article 15, the answer is yes. However, as a general rule, the Brigade Commander will take the advice of the BnCO and your first line supervisors. The Army takes alcohol related charges serious these days and it may depend on how many idiots that Brigade Commander has had to deal with when your paper work crosses his desk. At least you were not driving.
The good news is that as an E-4, your Article 15 won't follow you to your next post. So if the Brigade Commanders retains you, as soon as you PCS, or after 2 years, which ever is first, your record will be clear as long as you pull your head out of your ass.
Did you voluntarily join or were you referred to ASAP? Might want to attend just to show your head is in the right place.

Response by CSM Darieus ZaGara made Jun 2 at 2021 2:24 PM

2021-06-02T14:24:58-04:00

The military spent a lot of money getting you trained and promoted. One FG does not, usually, warrant a chapter. Having said that be prepared for both possibilities. If you are retained you better work to be the best version of you that there is.

Response by SFC Private RallyPoint Member made Jun 2 at 2021 3:16 PM

2021-06-02T15:16:52-04:00

No one here can predict the future. It's in the hands of the brigade commander now. You just have to wait and see what he decides.

Response by SFC Randy Hellenbrand made Jun 2 at 2021 3:29 PM

2021-06-02T15:29:30-04:00

You better try to kiss some serious ASS Bud!

Response by Cpl Vic Burk made Jun 2 at 2021 6:23 PM

2021-06-02T18:23:14-04:00

First offense and if you have a clean record I would think they would follow the advice of you immediate superiors. A moment of stupidity shouldn't destroy a persons career. I hope this is a wake up call to start flying right. If you have an alcohol problem (not saying you do or don't), admit it and get help, NOW. In the Marines back in the day they had programs to help those with problems but you have to want the help first. Best of luck to you.

Response by SSG Brian G. made Jun 2 at 2021 9:15 PM

2021-06-02T21:15:30-04:00

No one here can tell you what will happen. They cannot because this is a decision in the hands of Brigade and Brigade alone.

Going solely by what you stated here this never happened before so that is in your favor. Hopefully you are a squared away troop, this aside. That would seem to be the case as you LTC and Commander willing to speak on your behalf and argue for retention vs separation.

If you are lucky enough to be retained take this as a wake up call, straighten your shit out and lay off the alcohol. Drink, but to not to the excess that led to this. Focus on your career and getting your rank back and doing your job, staying under the negative radar and being on the positive radar. Because you can take it to the bank that you are now going to be watched whether you stay in this Brigade or whether you are PCSed out. You need to be that soldier that has his shit firmly and securely squared away.

Good luck.

Response by SFC Private RallyPoint Member made Jun 3 at 2021 3:43 AM

2021-06-03T03:43:45-04:00

First, I am not a lawyer, shyster, shark or legal advisor. Up to this point, do you have a clean disciplinary record (no AWOL, Art 15s, other written counseling)? Do you want to stay in or leave? Good jobs don’t come easy out here so consider the up & down side (A paycheck, 3 meals and a decent place to live). If you do want to stay in from now on keep a higher standard of dress and appearance, avoid any thing that makes your Spidey Sense go off. If someone over you tells you to do something don’t talk back, move out smartly, Make a strong effort to be clearly above standards and above reproach in word and deed. If someone asks for volunteers step up first. Since you probably don’t know it, your chain of command is watching and evaluating whether you can be rehabilitated. As longer as you don’t have any other persistent misconduct and you show you will do better, they most likely will keep you and you’ll have to stay in your new unit. This gives you the opportunity to move forward without the blight of past misconduct hanging over your head.