SPC Private RallyPoint Member 7960207 <div class="images-v2-count-0"></div>How can a commander initiate an admin chapter for the same charges that the SM was found not guilty of and was acquitted in a general court martial. Even though the following reference from the clearly states that, still the staff judge advocate&#39;s team is supporting her action. I complained to IG, TDS, and even emailed CG himself. But the legal team is not backing down. I am being discriminating against just because I went to GCMC and that I was in the MEB process and that I proved them wrong. Mostly importantly being the only soldier from Afghanistan. <br /><br />Army Regulation 635–200<br /><br />Active Duty Enlisted Administrative Separations<br /><br />1–18. Restrictions on administrative separation and board hearings<br /><br />b. Separation per this regulation normally should not be based on conduct that has already been considered at an administrative or judicial proceeding and disposed of in a manner indicating that separation was not warranted. Accordingly, administrative separations under the provisions of chapters 11, 13, and 14 and AR 380–67 are subject to the following restrictions. No Soldier will be considered for administrative separation because of conduct that— (1) Has been the subject of judicial proceedings resulting in an acquittal or action having the effect thereof. 2022-11-01T14:40:18-04:00 SPC Private RallyPoint Member 7960207

<div class="images-v2-count-0"></div>How can a commander initiate an admin chapter for the same charges that the SM was found not guilty of and was acquitted in a general court martial. Even though the following reference from the clearly states that, still the staff judge advocate&#39;s team is supporting her action. I complained to IG, TDS, and even emailed CG himself. But the legal team is not backing down. I am being discriminating against just because I went to GCMC and that I was in the MEB process and that I proved them wrong. Mostly importantly being the only soldier from Afghanistan. <br /><br />Army Regulation 635–200<br /><br />Active Duty Enlisted Administrative Separations<br /><br />1–18. Restrictions on administrative separation and board hearings<br /><br />b. Separation per this regulation normally should not be based on conduct that has already been considered at an administrative or judicial proceeding and disposed of in a manner indicating that separation was not warranted. Accordingly, administrative separations under the provisions of chapters 11, 13, and 14 and AR 380–67 are subject to the following restrictions. No Soldier will be considered for administrative separation because of conduct that— (1) Has been the subject of judicial proceedings resulting in an acquittal or action having the effect thereof.

2022-11-01T14:40:18-04:00 2022-11-01T14:40:18-04:00 SSgt Private RallyPoint Member 7960210

<div class="images-v2-count-0"></div>Stupid Command!

2022-11-01T14:42:12-04:00 2022-11-01T14:42:12-04:00 SFC David Reid, M.S, PHR, SHRM-CP, DTM 7960261

<div class="images-v2-count-0"></div>Thanks for sharing this information about the UCMJ!

2022-11-01T15:32:20-04:00 2022-11-01T15:32:20-04:00 SFC Private RallyPoint Member 7960275

<div class="images-v2-count-0"></div>There&#39;s really not enough information here for anyone to give much advice, it&#39;s called cherry picking advice when you only give enough information for another to come to the conclusion you are seeking. We don&#39;t know what you were charged with, what you&#39;re command is attempting to separate you for, or how your MEB is a contributing factor.<br /><br />Also, charges being dropped does not equal an acquital in the justice system. An acquital is when charges go forward and you are found unable to be convicted. Having charges dropped does not equal being found not guilty.

2022-11-01T15:42:56-04:00 2022-11-01T15:42:56-04:00 MSG Gary Eckert 7960416

<div class="images-v2-count-0"></div>You didn’t say you were acquitted, you said the charges were dismissed. Those are two different things, especially if the charges were dismissed without prejudice. It could be the Commander is taking the easiest (read fastest) way to remove you from the Army. If you were pending a GCM then you have a lawyer. Check with the lawyer about the legal ramifications for your charge dismissi.

2022-11-01T17:24:53-04:00 2022-11-01T17:24:53-04:00 SSG Roger Ayscue 7971019

<div class="images-v2-count-0"></div>Why do you assume that it is discrimination based on your heritage? Being the only person of a given heritage in a unit is not an automatic discrimination claim.

2022-11-08T01:10:18-05:00 2022-11-08T01:10:18-05:00 2022-11-01T14:40:18-04:00