I’m being chaptered/separated by my Commander but I have no paperwork. Is this normal?

SPC Private RallyPoint Member — Fri, 01 Feb 2019 16:43:36 -0500

I got told after HBL the commander was putting in paperwork for a chapter for a company grade article 15.

I went to speak with him he said it was for adultery. Nothing else.

This is the only trouble I’ve ever been in was a company grade , didn’t loose rank.

I now have my part 1/2 and EHB appointments scheduled. The commander won’t speak directly to me or tell me what the chapter is for.

My 1SG said I need to be enrolled in sfl tap, turn in cif gear, etc outprocess.
I still to this day have no idea what this chapter is for, how to approach it legally or anything. It’s like they’re getting me basically ready to chapter then hit me with the paperwork last minute.

Is this the order of all the steps? I have no counseling for the chapter, no code, nothing. But I must be going to all these appointments and turning in my gear.

It’s a really stressful situation as I have 3 years remaining of contract.

Any advice would be greatly appreciated.

Response by SPC Margaret Higgins made Feb 1 at 2019 4:47 PM

SPC Margaret Higgins — Fri, 01 Feb 2019 16:47:35 -0500

Specialist, I really, truly wish that I could help you. You are in my prayers, thoughts and heart. SPC Private RallyPoint Member

Response by PO2 Brandon Boucher made Feb 1 at 2019 5:17 PM

PO2 Brandon Boucher — Fri, 01 Feb 2019 17:17:12 -0500

Contact your local JAG

Response by MSG Private RallyPoint Member made Feb 1 at 2019 5:29 PM

MSG Private RallyPoint Member — Fri, 01 Feb 2019 17:29:16 -0500

Those Soldiers that violate Article 134 for adultery can face administrative disciplinary action and/or administrative separation. Also, it sounds like the Chapter process has just begun and so you will get counselled on this. The reason being is that if you are not, and also not given the opportunity to seek counsel, then the packet will be rejected and sent back down to the Company level to re-start the process.

Response by Lt Col Charlie Brown made Feb 1 at 2019 5:51 PM

Lt Col Charlie Brown — Fri, 01 Feb 2019 17:51:59 -0500

Call the JAG and the IG. Sounds like some steps are being skipped

Response by SSG Dale London made Feb 1 at 2019 5:54 PM

SSG Dale London — Fri, 01 Feb 2019 17:54:50 -0500

Get your butt over to JAG ASAP. Don't get railroaded without legal advice.

Response by SFC Private RallyPoint Member made Feb 1 at 2019 7:59 PM

SFC Private RallyPoint Member — Fri, 01 Feb 2019 19:59:50 -0500

Contrary popular belief Jag does not provide legal advice. Jag is the one processing your chapter paperwork. Discussing it with you would be a conflict of interest and I believe an ethical violation on their part as well. Trial defense Services is who provides legal advice.
I don't know that TDS can provide any guidance for a chapter because it is an administrative separation. However, you should be counseled on the reasoning for your chapter. That is a breakdown in policy, which is what IG is there for.

Response by CSM David Hopkins made Feb 1 at 2019 8:23 PM

CSM David Hopkins — Fri, 01 Feb 2019 20:23:22 -0500

If your Commander and 1SG won’t talk with you about it, go see TDS and if necessary your CSM and/or Battalion Commander. If that doesn’t work you could consider the IG but give your chain of command the opportunity to address this first.

Response by 2LT Private RallyPoint Member made Feb 1 at 2019 10:40 PM

2LT Private RallyPoint Member — Fri, 01 Feb 2019 22:40:34 -0500

Keep fighting for what you think is right but I hope you understand that your command could push for up to a year in confinement for adultery if they really wanted to under UCMJ.

Response by SCPO Private RallyPoint Member made Feb 2 at 2019 11:17 AM

SCPO Private RallyPoint Member — Sat, 02 Feb 2019 11:17:38 -0500

My advice is you should have thought of all this a lot earlier!!!

Response by SSG Private RallyPoint Member made Feb 2 at 2019 12:04 PM

SSG Private RallyPoint Member — Sat, 02 Feb 2019 12:04:27 -0500

Good afternoon SPC Z. W........ How can they start a chapter packet without giving you a counseling........ I would most definitely talk with legal and IG if necessary......... You said, he is getting you for adultery........ My question is, did he physically catch you in the act? I understand the army goes by perception, but just because the sky is gray doesn't mean it will rain............ Adultery in the military is a criminal offense under the Uniform Code of Military Justice (UCMJ). Adultery is defined as sexual intercourse between a married person and someone other than his or her spouse. Adultery also occurs if you are not the married party but have sexual relations with a person who is married, or even legally-separated from his or her spouse. The fact a party is “legally-separated” is not itself a legal defense to Adultery. If I was in your shoes, the chain of command would have the burden of proof........ I wouldn't go by the he/she say........... I would fight this case if I were you.......