How can someone stop an unlawful chapter action and discrimination against enlisted soldier?

SPC Private RallyPoint Member — Tue, 01 Nov 2022 14:40:18 -0400

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'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.

Army Regulation 635–200

Active Duty Enlisted Administrative Separations

1–18. Restrictions on administrative separation and board hearings

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.

Response by SSgt Private RallyPoint Member made Nov 1 at 2022 2:42 PM

SSgt Private RallyPoint Member — Tue, 01 Nov 2022 14:42:12 -0400

Stupid Command!

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Nov 1 at 2022 3:32 PM

SFC David Reid, M.S, PHR, SHRM-CP, DTM — Tue, 01 Nov 2022 15:32:20 -0400

Thanks for sharing this information about the UCMJ!

Response by SFC Private RallyPoint Member made Nov 1 at 2022 3:42 PM

SFC Private RallyPoint Member — Tue, 01 Nov 2022 15:42:56 -0400

There's really not enough information here for anyone to give much advice, it's called cherry picking advice when you only give enough information for another to come to the conclusion you are seeking. We don't know what you were charged with, what you're command is attempting to separate you for, or how your MEB is a contributing factor.

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.

Response by MSG Gary Eckert made Nov 1 at 2022 5:24 PM

MSG Gary Eckert — Tue, 01 Nov 2022 17:24:53 -0400

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.

Response by SSG Roger Ayscue made Nov 8 at 2022 1:10 AM

SSG Roger Ayscue — Tue, 08 Nov 2022 01:10:18 -0500

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.