How should I handle my command giving me a Chapter 14c for trying to work off duty while on convalescent leave?

SPC Private RallyPoint Member — Wed, 19 Feb 2020 21:55:54 -0500

I have been in con leave since December 27th,2019. It was my second surgery on my tailbone Ive had in the past 6 months. My wife is also pregnant at this time, and she is barely working. So I(and my docs) we’re anticipating that I will be healed up by March- April. So I posted on social media(I understand it was a stupid move by myself) that I’m looking to detail peoples cars for money, to earn some extra money since I am now picking up all the bills in the house hold and trying to put back for our little one due. Take in mind, I have not worked, I have not done anything while in con leave. This was just a eager move to some extra cash for myself and wife. Well I got pulled off con leave for this, and was informed they will be giving me a chapter 14c on the post I made on Facebook on how I can detail cars for people in March or April. My COC believes I have been working this whole time, yet I have not. They believe I have also been collecting a paycheck besides the army’s, while I definetly have not been. And they also have no proof besides a Facebook post that was a picture of my wife’s car stating I can detail cars. So what I’m asking for is advise on how to go about this situation? Thank you.

We also were supposed to PCSing in June since I re-enlisted.

Response by SGM Bill Frazer made Feb 19 at 2020 10:43 PM

SGM Bill Frazer — Wed, 19 Feb 2020 22:43:02 -0500

Look, it was stupid- 1. Go to JAG- you have to prove you didn't work- hearsay won't help. 2. They will have to prove that you did work. 3. YOU MUST HAVE permission to work a second job PERIOD! It is going to be hard, maybe you can get your ducks in a row and win.

Response by MSG Private RallyPoint Member made Feb 19 at 2020 11:04 PM

MSG Private RallyPoint Member — Wed, 19 Feb 2020 23:04:00 -0500

Let me see if I am understanding this:

You are Active Duty
You had surgery
You are on Con Leave
You are earning pay while on Con Leave
You had surgery on your coccyx (tailbone) twice in 6 months
You posted that you can do work that requires you to bend...sit...twist...things that would/should irritate your coccyx

Is that about right?

Response by SCPO Private RallyPoint Member made Feb 19 at 2020 11:10 PM

SCPO Private RallyPoint Member — Wed, 19 Feb 2020 23:10:11 -0500

You dug the hole. You should have anticipated that the legal contest you're now faced with could be a likely outcome. My suggestion is that you pony up, talk absolutely straight with the military, whoever that may be, and ask for leniency.

Response by 1SG Private RallyPoint Member made Feb 19 at 2020 11:51 PM

1SG Private RallyPoint Member — Wed, 19 Feb 2020 23:51:56 -0500

Chapter 14c is for a single act of serious misconduct, punishable under UCMJ by a punitive discharge (BCD, DD).
I'm not a member of the JAG Corps or an attorney specializing in military law, but I am hard pressed to believe working a second job detailing cars meets that threshold. Further, I am likewise hard pressed to believe that offering to detail cars, or detailing cars for one's self meets the threshold of a second job.
So, what article under the UCMJ have you been charged?

Response by CWO3 Private RallyPoint Member made Feb 20 at 2020 5:16 AM

CWO3 Private RallyPoint Member — Thu, 20 Feb 2020 05:16:45 -0500

Good initiative, poor judgment.

Response by MSgt Michael Smith made Feb 20 at 2020 8:06 AM

MSgt Michael Smith — Thu, 20 Feb 2020 08:06:04 -0500

Well...if you really did not work while on convalescent leave then you can prove that. I suggest you fight the Chapter. Force it to a Court Martial and they will have to prove that you received pay for work. Since you didn't you will not be convicted.