Posted on Aug 20, 2018
I failed a UA, receive field grade article and I’m currently on extra duty. I’m not sure if I’m being chaptered?
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I failed a UA for percocets. Going through marital problems ie. caught wife cheating, waiting on divorce to be finalized. Ive already had my 2nd reading the BC hit me with the book although he suspended loss of rank, loss of money, and restrictions so right now it’s just 45 days extra duty. The BC then proceeded to tell me I’m on probation for 180 days and if I mess up then he was release the suspensions and it’ll all come down on me. He never stated in his office that I was still getting kicked out. Although, my ncos told me I still have to complete the chapter process in part it was initiated when I was flagged. What does this mean? LTC gave me 180 days probation, does that mean I’m not getting chaptered out? All my ncos including my 1sg and company recommends me to stay in. Please help, I’m confused and I haven’t heard anything else about getting kicked out.
Posted in these groups: 
Article 15
Article 15
Posted >1 y ago
Responses: 17
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It is 2 different things. 1 was the UCMJ (legal) Chapters are administrative actions. Now I guarantee you screw the pooch in the next 180 days and the world will land on you. Check with the S1, or CSM and see what they say.
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I'd also go see your local JAG just to get your rights explained to you. I found myself in a not good situation while deployed and had to rely on JAG for some advice. I was amazing at how much of an advocate they were for my rights.
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What they are saying is that if you do good, most likely you will receive an administrative separation (either honorable or general). If you screw up, they will court martial you and you will be a federal felon and receive a disciplinary discharge and probably do a little time.
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SGT Michael Anglemyer
If he stays clean, he might be allowed to finish up his enlistment. More than likely, he is still a serious candidate for a Ch. 14, which will probably result in a General (Under Hon. Conditions). If there are any other screw ups, a Ch. 10 and UOTHC might be in his future.
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CPT Lawrence Cable
The Army is not the Air Force. We don't waste trained personnel just because they screw up once. Neither the Army nor the Navy will usually discharge a non NCO enlisted for a single incident of drug use or a DUI provided that it isn't part of a pattern of behavior. The Commander is required to initiate a flag and start the procedure for administrative separation, but if the Soldier in question is considered worth saving, doesn't screw up and satisfactorily completes ASAP program, the Commander can remove that flag, stop the separation process and allow that soldier to continue his career and to re-enlist.
I frankly was surprised when I found out that any Article 15 in the Air Force becomes part of your permanent record and is generally considered a bar to re-enlist. IMO that is not the purpose of administrative punishment.
I frankly was surprised when I found out that any Article 15 in the Air Force becomes part of your permanent record and is generally considered a bar to re-enlist. IMO that is not the purpose of administrative punishment.
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CPT Lawrence Cable
SFC Kelly Fuerhoff - What were the ranks and what were the other circumstances? The program was not designed to eliminate single time offenders E-4 and below. As I indicated earlier, E5 and above, it's a different story and a single incident is usually a career killer.
My experience is that the majority of those that came up positive had a series of other discipline issues besides the single test. I don't have any issues getting rid of those types. It's a stupid waste of training time and money as well as grossly unfair for discharge some 20 year old because he screwed up once if he has be otherwise a good soldier. If it's a pattern of behavior, I have a different opinion and I signed the papers on more than one both as commander and S1.
My experience is that the majority of those that came up positive had a series of other discipline issues besides the single test. I don't have any issues getting rid of those types. It's a stupid waste of training time and money as well as grossly unfair for discharge some 20 year old because he screwed up once if he has be otherwise a good soldier. If it's a pattern of behavior, I have a different opinion and I signed the papers on more than one both as commander and S1.
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SGT Michael Anglemyer
I think he is on the path to a General Discharge, but he might avert that fate with completion of ASAP. It really depends on if the COC wants to take a risk on a PFC with marital problems and drug use.
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Theoretically, a chapter could have been initiated separately for a pattern of misconduct. The BC's suspension only concerns keeping what you have for the 6 months he designated under the Field Grade Art 15. Your NCO's recommendations have some weight but really no true authority. Using your Chain of Command...Squad Leader first, request to see the 1SG/CDR to get resolution on Chapter proceedings. In the meantime...get your act together and be prepared for whatever the outcome.
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16 years...I have NEVER seen anyone be allowed to stay in after pissing hot. If you are given the chance, you will have won the lottery. Good luck and earn it back if you want it!
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SGT Joseph Gunderson
PO2 Zach Bell mistakes can be tolerated. Not having the discipline or self control to abide by a basic standard cannot be tolerated. Doing drugs in the military doesn't affect the soldier doing them but puts the lives of everyone forced to interact with that idiot in jeopardy. Not only that, but this Soldier obviously didn't come forward with the issue as some form of declaration of having a problem and needing help, he waited until he got caught so who knows how long he would have kept getting high if that wouldn't of happened. Zero tolerance maynot bw harsh enough. I'm all for throwing druggies in leavenworth for a couple of years smashing big rocks into smaller rocks. They failed themselves amd they failed their fellow soldiers and they wasted the time and money of the American people. He should count himself lucky if he only gets a kick out the door.
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SGT Joseph Gunderson
PO2 Zach Bell waaaaa! Sorry that the military has standards. If you aren't mature enough to stick to those standards the military doesn't need you.
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SGT Joseph Gunderson
PO2 Zach Bell ...Do you "identify" as a sixteen yr old girl or something? Or are all of you Navy kids this dramatic?
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