How long does it take CG to choose MEB or Chapter 13?

PFC Private RallyPoint Member — Mon, 27 Jan 2020 09:04:59 -0500

So almost a year ago, my old roomate got caught up with selling drugs and our barracks got raided. They found a whole bunch of illegal substances in his room and CID brought us both in for questioning. While I was being questioned, they kept asking me if I was doing anything and I kept saying no. They we’re getting in my face and screaming trying to get me to say yes and I said I did because I wanted them to stop getting in my face and felt pressured, tho I never did. Prior to the investigation (the day of the barracks raid) they brought my roomate and I in for a UA which I tested negative for any illegal substances.
While waiting for the investigation to finish, I began to undergo a MEB, which I was diagnosed with severe persistent asthma, and allergic rhinitis from a vehicle accident in the field when my Bradly caught on fire. As well as those two disabilities, I also claimed anxiety and depression, tinnitus, hearing loss, teeth grinding, torn IT band in left knee, and sleep insomnia.
After I signed my NARSM, I was told the CID investigation was over and they were going to chapter me for admitted drug use (I know, shouldn’t have lied to get them to stop yelling). However, as stated before, I never failed the UA and I’ve always pissed clean with every drug test I’ve taken in the army, and they have no proof I ever did anything.
It’s been a month and a half since they told me they sent both my chapter and my MEB up to the CG to decide. I ETS in 4 months and I know it takes about two months to get ratings back, which I’ll have to wait for if the CG goes for the MEB.
Was wondering what is the likeliness the CG will go with the MEB over the chapter due to not pissing hot and all of my medical conditions (forgot to mention I am also heavily medicated for my asthma and am on max treatment), and more importantly how long until I hear back from the CG, especially knowing I ETS here in four months. I’ve tried asking my chain of command for updates but every time they say they haven’t heard back and it’s been almost two months now. Any help would be greatly appreciated. Thank you for your time!

Response by SFC Private RallyPoint Member made Jan 27 at 2020 9:51 AM

SFC Private RallyPoint Member — Mon, 27 Jan 2020 09:51:55 -0500

While it's at the CG discretion, most of the time if you are an initial term, never deployed, Soldier they will go with the chapter. The worst part about this for you is that even if you were lying, and told the truth now, you are now branded a liar so no one has any incentive to believe you weren't using anything. Sadly, this is an important life lesson about the police. You always have the right to a lawyer, always take it. Courts have ruled that police are allowed to lie and do things that would be unethical anywhere else in order to extract a confession. They don't think you're more guilty if you demand a lawyer and stop talking, they think you're stupid.
Maybe you can plead your case with TDS or a well written letter to the CG to add to your packet.

Response by SGM Bill Frazer made Jan 27 at 2020 5:17 PM

SGM Bill Frazer — Mon, 27 Jan 2020 17:17:01 -0500

Look He can do what he wants, you have no say. Just pray he goes for either instead of Court-martial, Which he could do, since CID or he can push the reasoning that you either had knowledge of it, or were a co-conspirator in it.

Response by SSG Private RallyPoint Member made Jan 27 at 2020 9:02 PM

SSG Private RallyPoint Member — Mon, 27 Jan 2020 21:02:33 -0500

Here is some information to read from AR 635- 40 dated January 2017, Chapter 4 section 4-3 below..... Since you said you never came up hot during your career, I think there is a good chance the CG may go with the MEB. The MEB is a long process in general, but don't worry, you will know within the 4 months.

c. Action under the Uniform Code of Military Justice. When Soldiers are under investigation or are charged with an
offense under the UCMJ that could result in a punitive discharge (dismissal, dishonorable discharge, or bad conduct dis-
charge), they remain eligible to be referred to and complete the MEB phase of the DES. Eligibility for the PEB occurs
when one of the actions listed below occurs. (The PEB or USAPDA, as applicable, will suspend adjudication or disposition
when UCMJ action is initiated during the PEB or USAPDA review phases. These cases remain suspended until final
UCMJ action is taken or one of the following events occurs.)
(1) The investigation ends without charges.
(2) The officer exercising proper court-martial jurisdiction dismisses the charges.
(3) An officer submits a resignation for the good of the Service under the provisions of AR 600–8–24 (this includes
when the resignation is in lieu of referral to a General Court-Martial).
(4) The officer exercising proper court-martial jurisdiction refers the charge for trial by summary court-martial.
(5) Court-martial conviction does not include confinement and discharge or Soldier completes confinement without
discharge.
d. Civilian confinement. When Soldiers are under investigation for, or charged with, a civil criminal offense (misde-
meanor or felony) and they are incarcerated in civilian confinement, pre or post trial, or are being held pending psychiatric
evaluation or treatment, they are ineligible to continue any phase of the DES. If they are present for duty (on bail), they
are eligible to complete the MEB. The Soldier, to include if on bail, becomes eligible for the PEB or disability disposition
when the Soldier is cleared of the offense and has a military status (continues on active duty or in an RC active status), or
the command, after conviction, specifically declines in writing to separate the Soldier on the basis of conviction by civil
court (see AR 135–175, AR 135–178, AR 600–8–24, and AR 635–200).
e. Soldiers with military suspended sentences. Soldiers may not be referred for, or continue in, disability processing if
under military sentence of dismissal or punitive discharge unless the sentence is suspended. A copy of the military order
suspending the sentence must be included with the MEB packet forwarded to the PEB. If, after forwarding the case to the
PEB, the command takes action to vacate the suspension, the PEBLO must notify the PEB. Disability processing may
resume if the commander decides not to vacate the suspension. The Soldier may not be discharged through the DES process
until the period of suspension has ended and the punitive discharge or dismissal has been disapproved.
f. Enlisted Soldiers pending administrative separation.
(1) Enlisted Soldiers who are approved for discharge in lieu of trial by court-martial are ineligible for referral to the
MEB and PEB phases of the DES (see AR 635–200). If the Soldier is in the DES process, their DES case will be terminated,
and the Soldier is discharged in lieu of trial by court-martial.
(2) Soldiers under processing for an administrative separation for fraudulent enlistment or misconduct remain eligible
to be referred to the MEB. The Soldier’s commander must notify the Soldier’s PEBLO in writing that administrative
separation action has been initiated. The Soldier’s completed MEB must be referred to the Soldier’s General Court-martial
Convening Authority (GCMCA) in accordance with AR 635–200 to determine whether the Soldier will be referred to the
PEB. Approval and suspension of an AR 635–200 separation action is not authorized when the Soldier is pending both an
AR 635–200 and AR 635–40 action. The GCMCA must decide which action to pursue (as described in AR 635–200).
Soldiers continue to be eligible for these administrative separation actions up until the day of their separation or retirement
for disability even though their PEB findings have been previously completed and approved by USAPDA for the
SECARMY. In no case will a Soldier, being processed for an administrative separation for fraudulent enlistment or mis-
conduct be discharged through the DES process without the approval of the GCMCA.
(3) For administrative separation actions other than those addressed in paragraphs 4–3f(1) and 4–3f(2), referral and
disposition under the DES takes precedence over the administrative separation action.