Posted on Jan 21, 2025
How long should the Chapter process take for someone who tested positive on a urinalysis test?
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I know a USAR Soldier that tested positive for THC in the summer of 2022. The packet for separation was initiated at that time. The Soldier performed a medical and mental evaluation (I was his escort). However, the last time the SM in question heard any update, was that the packet was at BN level in 2023. No one, apparently, can provide an update. According to the SM, his Command Team keeps asking him the status instead of asking BN.
How long should this process take? Where in AR 135-178 can I find that process outline?
How long should this process take? Where in AR 135-178 can I find that process outline?
Unit Prevention Leaders (UPL)
Commanders
Army Regulations
JAG
Posted 1 y ago
Responses: 8
You're not going to find an answer in the regulations other than they should be processed in a timely manner.
However, the USARC standard for processing involuntary separations, which don't include a separation board, is 145 from the date of notice to the Soldier* (270 days if a board is required).
I can understand missing that standard by weeks or even months if there are issues that would delay it, but as it's probably ~700 or so days beyond the standard, it's obvious that someone isn't doing what they are required to do.
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USARC Policy letter (Processing of Involuntary Separation Actions) - https://www.usar.army.mil/Portals/98/Documents/Publications/memos/Processing%20of%20Enlisted%20Involuntary%20Separations%20-%20Rescind%2020%20May%2008%20memo%20-%2020%20Jun%2017.pdf
However, the USARC standard for processing involuntary separations, which don't include a separation board, is 145 from the date of notice to the Soldier* (270 days if a board is required).
I can understand missing that standard by weeks or even months if there are issues that would delay it, but as it's probably ~700 or so days beyond the standard, it's obvious that someone isn't doing what they are required to do.
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USARC Policy letter (Processing of Involuntary Separation Actions) - https://www.usar.army.mil/Portals/98/Documents/Publications/memos/Processing%20of%20Enlisted%20Involuntary%20Separations%20-%20Rescind%2020%20May%2008%20memo%20-%2020%20Jun%2017.pdf
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MSG (Join to see)
thank you, Sir. I'll have to find the updated memo for that since LTG Luckey has long since retired.
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COL Randall Cudworth
MSG (Join to see) - That's the latest one that is posted on the USARC website* under "U.S. Army Reserve Policy Memorandums". As LTG Harter hasn't rescinded that policy letter, it is still in effect (if he has, I couldn't find a rescission of it).
Specifically, the current policy is laid out in the 19 DEC 14 memorandum, "Army Reserve Troop Program Unit (TPU) Enlisted involuntary Separations Procedures" (part of the documents in the link above) which replaced the 20 MAY 08 policy, "Processing of Involuntary Separation Actions".
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* USAR/USARC Publications - https://www.usar.army.mil/Publications/
Specifically, the current policy is laid out in the 19 DEC 14 memorandum, "Army Reserve Troop Program Unit (TPU) Enlisted involuntary Separations Procedures" (part of the documents in the link above) which replaced the 20 MAY 08 policy, "Processing of Involuntary Separation Actions".
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* USAR/USARC Publications - https://www.usar.army.mil/Publications/
Official site of the U.S. Army Reserve, the federal military reserve forces of the United States.
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This is the issue that a unit has when they don't have very active leaders. I have seen this take over a year in the regular Army and I have also separated a Soldier for this in 3 months. I have never dealt with this when I was in the guard. The best method to deal with this is to have a legal tracker with the steps on it. Below is the tracker I used. Once a week would would validate all of my legal actions and if there was no progress two weeks in a row then I would track down the packet and redirect it's path. If the owner of the legal is not doing this then it is going to be on a shelf in someone's office collecting dust.
Commanders need to be cautious with prolonged flags. Flags are not considered punishment. If this Soldier has been flagged since 2022 and have been denied awards, promotions, or any other favorable actions the command may be violating policy. The Soldier could have been retained, punished and promoted twice in the span of their current flag. One call to IG could be an issue.
Commanders need to be cautious with prolonged flags. Flags are not considered punishment. If this Soldier has been flagged since 2022 and have been denied awards, promotions, or any other favorable actions the command may be violating policy. The Soldier could have been retained, punished and promoted twice in the span of their current flag. One call to IG could be an issue.
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MSG (Join to see)
He asked for my advise, so I told him to utilize the open door policy for BN Command Team (his unit commander is laid back to the point where he is counting days until he is in IRR). If the Open Door doesn't work, then I'll tell him to contact IG
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