If my Chapter 9 packet contains zero evidence to prove I’m a failure, does that mean the chapter will be thrown out?

2019-12-09T18:25:28-05:00

So I went to TDS with a chapter 9 packet, which to start with is completely erroneous but that’s another long story but anyways my question is, I met with the TDS attorney after the chapter brief and when he was looking over the packet there is zero proof/ evidence zero counseling or SUDC notations of being a failure to rehabilitation which is why they gave me the chapter9 the question is since the packet that they put together against has zero evidence of anything to prove I’m a failure (which I know they don’t have because every IA and blood test I’ve had everything has came back negative) but the attorney did not sign he gave the packet back to my platoon Sgt and said to tel the command that and I quote “ This is absolutely junk and tell your command that” so he took the packet and left. Then he said he’s emailing JAG immediately about this situation... So my question is does that mean the chapter is thrown out does the commander get a second chance to create another packet so I should still be waiting for a possible chapter or am I in the clear now that the TDS attorney did not sign and gave it back saying it was junk??? Thank you very much in advance to whoever replies I greatly appreciate your time.

Response by MSG Private RallyPoint Member made Dec 9 at 2019 6:49 PM

2019-12-09T18:49:34-05:00

What's going to happen is JAG will possibly re-review the packet and if said erroneous information is found then the packet will get sent back and then your Commander can either re-submit with the correct information added, or not re-submit the packet. You are not necessarily in the clear right now.

Response by SFC Marc W. made Dec 9 at 2019 6:51 PM

2019-12-09T18:51:29-05:00

From what it sounds like, it's just going to go back to the Commander to put whatever he needs to in there. I'm surprised all this would go to TDS without someone from legal having already reviewed it and the Commander getting a go-ahead from them.

Response by SGM Private RallyPoint Member made Dec 9 at 2019 10:03 PM

2019-12-09T22:03:38-05:00

No offense, but with questions like this we are rarely getting the full story.
Are you failing to mention any "missed appointments", "miscommunication" with your rehab team or your leadership, "sick days", half-days away from the unit for 1 hr appt, "flat tire", "car break down", "lost your wallet", etc?
A commander, after consulting with the rehab team, can make the determination that further rehab is not practical and the member's potential for fully effective service is substantially reduced.
Also, if a soldier enrolled in ASAP also has demonstrated a pattern of misconduct or committed a serious offense, or anything else under any other chapter, the commander can initiate under the appropriate chapter.
In other words, being enrolled in ASAP is not the whole fix-it plan. By virtue of merely needing ASAP, you have already demonstrated poor judgement, more so if the enrollment was command-directed and not self-enrollment. While in ASAP you have to be doing everything better and faster than every SPC in your BN, in short, you need to act like a stellar Soldier that had a single lapse in judgement. Because this is not your commander's first exposure to an ASAP case, he's seen them before and most of the time he has seen them go off the rails sometime in the next 3-12 months, and he'd rather nip this one in the bud now.

Response by SSG Private RallyPoint Member made Dec 10 at 2019 2:02 AM

2019-12-10T02:02:29-05:00

If the packet in fact has those types of deficiencies, JAG will catch it in their review; that is what TDS is there for - to assist you in this situation.

Response by MSgt Michael Smith made Dec 10 at 2019 8:34 AM

2019-12-10T08:34:19-05:00

Bad news buddy...the cold hard fact is this --If your Commander wants you gone, you are going to be gone. It might take a while to get all the Ts crossed and the Is dotted, but you're going to be gone. Commanders have A LOT of power as well as support up the chain. If they want you gone you got no chances.

Response by MSG Private RallyPoint Member made Dec 10 at 2019 8:45 AM

2019-12-10T08:45:11-05:00

Nobody here can answer such technical questions without having access to your file and having an on ground idea of the "whole" situation. Thats what the JAG is there for. I know you've spoken to TDS, but this question can only be answered by them and your local JAG. Any answer you get here is a best guess based on information you have provided without any other background. There is a lot of experience here, but every situation is unique. There is no "catch-all" answer to your situation. Speak to your local JAG who will have all information needed to formulate a "real" way forward for you. Good Luck to you.