Posted on Mar 10, 2020
How long will a Chapter 12 discharge take? Since my ETS is July 17, 2020, will they allow me to ETS?
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Today is March 10, 2020 my ets is July 17,2020 if I'm in the process of getting a chapter 12 discharge how long will that take or will they just let me ets? If they allow me to ets will it be a honorable discharge? Can I take my 25days terminal leave?
Posted 5 y ago
Responses: 6
Chapter 14-12 permits discharges for five types of misconduct: (a) minor
disciplinary infractions; (b) pattern of misconduct; (c) commission of a serious offense; (d) abuse
of illegal drugs; and (e) civil conviction.
If your CofC has decided the effort to administratively discharge you under Chap 14-12 is the correct action based on your misconduct, it is reasonable to assume they will do so in a time line remaining you prior to ETS
EDIT of note, the Op posted Chap 12, that is non congruent with his post verbiage hence my response of chapter 14-12
disciplinary infractions; (b) pattern of misconduct; (c) commission of a serious offense; (d) abuse
of illegal drugs; and (e) civil conviction.
If your CofC has decided the effort to administratively discharge you under Chap 14-12 is the correct action based on your misconduct, it is reasonable to assume they will do so in a time line remaining you prior to ETS
EDIT of note, the Op posted Chap 12, that is non congruent with his post verbiage hence my response of chapter 14-12
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LTC (Join to see)
also reasonable to assume they will NOT be getting an honorable discharge and CoC will not be approving any terminal leave.
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SGT (Join to see)
You have chapter 12 confused with Chapter 14 SGM. Chapter 14-12 covers misconduct. Chapter 12 covers retirement for length of service. I believe this Soldier either mis-typed or misunderstood.
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SGM Erik Marquez
SGT (Join to see) - Actually the typo was mine I intended to type 14-12, my assumption was that is what the OP meant
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If your unit has ignited (and I mean Ignited) a Chapter 12 then they know your ETS date and they will proceed on the expected time line. It is more likely you will receive a General Discharge if you receive UCMJ action on the causes of the Chapter. Your Jag can answer these questions better because they can access all the documentation and the commanders intent.
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LTC (Join to see)
Commander's intent should be easy to see. Initiating a chapter when the soldier is less than 6 months from ETS is making a statement. If it wasn't something serious they wouldn't spend the time and energy doing a chapter, they'd just let them ETS.
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LTC (Join to see)
1SG Dennis Hicks - they initiated a chapter for a reason and you can bet your ass that reason wasn't to give this soldier an honorable discharge 4 months prior to ETS. LMAO
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Are you sure they initated a Chapter 12, because Chapter 12 covers retirement for length of service. If they have initiated a Chapter 13 or 14 knowing that it your intent to ETS, your Commander probably intends to seek a General discharge. Some provisions of Chapter 13 and 14 require initiation of the discharge.
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LTC (Join to see)
I assume it's a typo. No way a SPC is getting a chapter 12. 13 or 14 most likely. But they initiated a chapter for a reason and you can bet the farm that reason wasn't to give the soldier an honorable discharge 4 months prior to ETS.....
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