Posted on Aug 2, 2020
If you get an article 15 during a chapter from the army would you still have to wait until your extra duty is over before being discharged?
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I was suppost to to be leaving the Army July 31st. It got kicked back and my chain of command is giving me an article 15 right before leaving. Are they just trying to screw me over before I leave? Nobody informed me this would be happening right before im suppost to be discharged from the army. I feel like my chain of command is taking advantage of me because im getting an honorable and they want to destroy my motivation.
Posted in these groups: 
Discharge
Article 15
Discharge Article 15
Posted 5 y ago
Responses: 18
Aren't you the guy that pissed hot and failed a urine drug test? If the Chapter packet was kicked back, then something was wrong with the packet. But if an Article 15 is being recommended/given, then you violated the Manuals of Court Martial/UCMJ somehow. Could be the hot piss test is the reason for the Article 15, who knows. You will certainly know when you go in front for your initial reading. Look, your ETS can be put on hold pending UCMJ resolution. I once knew a guy in Germany that was at the Frankfurt Airport...LITERALLY WALKING ONTO THE PLANE to fly back to the States....when he was detained by MPs for drug use and possession of drug paraphernalia. He was brought back to face UCMJ actions.
But, if you really want to know, then go to JAG and speak with a Defense Lawyer.
But, if you really want to know, then go to JAG and speak with a Defense Lawyer.
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MSG (Join to see)
PV2 Austin Lohmann - My apologies. So many folks posting about drug use and alcohol use combined with Chapters...I got confused. Either way, the situation is still the same. Packet was kicked back for some sort of error. This will happen at every level of review. From Company all the way up to the approving command level. Each level of Command and their JAG reps will review the packet to ensure the packet is correct at every block. If something is missing...or got missed...that is needed, it will get sent back to the beginning and restart.
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MSG (Join to see)
SFC James J. Palmer IV aka "JP4" - Bro...he was signed out on Terminal Leave. Literally walking onto the plane when nabbed and brought back. They had to get him all new uniforms for his court martial. His new barracks was Mannheim Prison
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MSG (Join to see)
SFC James J. Palmer IV aka "JP4" - Every single one of us at Landstuhl that knew him....we all were doing the Friday "Daaaammmmnnnnn" look and sound when we all found out.
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Sgt Ed Allen
Smart thing is to remember, until you have satisfied ALL requirements of your enlistment contract. Don't do anything that could get you in trouble. Knew a guy who decided to destroy all his uniforms after he got off the base (as in, just outside the gate). He had completed his 4 years, but still had 2 years of obligation to complete. They called him back and made him buy all new uniforms, including getting them tailored and ready for inspection.
You are not free of the rules until ALL obligations have been met.
You are not free of the rules until ALL obligations have been met.
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You are leaving the Amy, soon.
No one in the Army is interested in "destroying your motivation" on your way to the civilian world, or doing hours of extra paperwork just to "screw over" someone who won't be their problem in a month.
If your chapter case involved a violation of UCMJ, your command would be derelict of duty if they had not brought an Art 15.
They do have the option of suspending the punishment.
No one in the Army is interested in "destroying your motivation" on your way to the civilian world, or doing hours of extra paperwork just to "screw over" someone who won't be their problem in a month.
If your chapter case involved a violation of UCMJ, your command would be derelict of duty if they had not brought an Art 15.
They do have the option of suspending the punishment.
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LTC Jason Mackay
Is SECDEF Mattis' directive still in effect? He directed commanders to fully leverage UCMJ vice administrative tools to handle service member misconduct. This may be that.
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COL (Join to see)
Directive to fully leverage UCMJ is so open ended that it doesn’t mean squat. Commanders will do what they want to do on any situation that comes across their desk. And Mattis quit so whatever! LTC Jason Mackay
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PV2 Austin Lohmann
The answer is it depends.
If the unit decides that the chapter is simply a uniform requirement and they hold no ill will toward you it’s likely you will transition out as planned.
If they decide your transgression needs to be made an example of they may go through the pain of changing your discharge date and letting you serve out your article 15 punishment
If they decide you’re more of a problem I’m around an ethical or otherwise an issue to the rest of the command they’ll probably allow you to discharge at your normal day because it’s for the betterment of the service
The answer is it depends.
If the unit decides that the chapter is simply a uniform requirement and they hold no ill will toward you it’s likely you will transition out as planned.
If they decide your transgression needs to be made an example of they may go through the pain of changing your discharge date and letting you serve out your article 15 punishment
If they decide you’re more of a problem I’m around an ethical or otherwise an issue to the rest of the command they’ll probably allow you to discharge at your normal day because it’s for the betterment of the service
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PV2 Austin Lohmann
Thankyou SGM,
I am being discharged for chapter 9 sudc alcohol failure. My ets date originally was July 31st last Friday but that got kicked back since my ets date hasn't been updated from legal my command gave me an article 15 for an offense that happened months ago its the same offense that's caused my chapter driving to Austin to get a new vehicle when we had the 40 mile travel limit for Covid-19.
I am being discharged for chapter 9 sudc alcohol failure. My ets date originally was July 31st last Friday but that got kicked back since my ets date hasn't been updated from legal my command gave me an article 15 for an offense that happened months ago its the same offense that's caused my chapter driving to Austin to get a new vehicle when we had the 40 mile travel limit for Covid-19.
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SGM Erik Marquez
PV2 Austin Lohmann
Way too many possibilities without having all the information.
It can be as simple as the article 15 was already in the process and it simply completed the review process and came back to the unit for disposition and so they did since you were still there.
As for your discharge date having already gone by that’s a strange one it’s not as simple as somebody at a company or a battalion or Even brigade level just saying nope not gonna let it happen he can stay. It takes real work and effort to keep an SM passed an approved by DA separation date I can not see any command team be willing to put that effort in on anything but a really bad, or really good SM
Way too many possibilities without having all the information.
It can be as simple as the article 15 was already in the process and it simply completed the review process and came back to the unit for disposition and so they did since you were still there.
As for your discharge date having already gone by that’s a strange one it’s not as simple as somebody at a company or a battalion or Even brigade level just saying nope not gonna let it happen he can stay. It takes real work and effort to keep an SM passed an approved by DA separation date I can not see any command team be willing to put that effort in on anything but a really bad, or really good SM
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