What can I do to get a better discharge, or stay in, since I'm facing a Chapter 13 (Separation for Unsatisfactory Performance)?

2018-12-19T14:50:55-05:00

Hello, i'm facing a chapter 13, separation for unsatisfactory performance, and i want to know what, if anything i can do to get a better discharge, or stay in..
(background)
i failed a PT test three times, the first two were from the run event, and the third was the sit-ups event.
My first two units, it as on me to enforce my own PT standards as a PFC, and now as a SPC.. And to be honest i slacked a lot.. and here i am, just barely making it in each event..
The mission were on has us doing work on very odd hours including weekends, and PT on our own.. and honestly, i didnt do PT as much as i should of..

I made sure i could pass the two events which have always gave me trouble, the pushups and run.. and i passed them.. and my latest PT test i failed the event which i have never failed, the Situps, i scored a 46, and i need a 50..

Response by LTC Eugene Chu made Dec 19 at 2018 2:54 PM

2018-12-19T14:54:39-05:00

I think you mean Chapter 13 for AR 635-200. My advice for you is to retain legal counsel (visit local JAG or hire a military veteran attorney) if you want to fight it. Although you do face a derogatory early discharge, there is due process involved before any final result.

Response by SGT Joseph Gunderson made Dec 19 at 2018 4:29 PM

2018-12-19T16:29:13-05:00

You can try to fight it I suppose but you failed to pass the tests. You're going to get chaptered; last I checked you won't get anything less than a general discharge for APFT failure. I would go ahead and start looking at what you are going to do after you get the boot rather than attempting to cling to the slimmest possibility that you are somehow authorized to stay in.

Response by SSG Private RallyPoint Member made Dec 19 at 2018 4:41 PM

2018-12-19T16:41:09-05:00

When was your last PT test and what have you done since to improve? If you are honest with yourself and find that you are still not doing enough, then I think you have part of your answer already. PT is personal accountability at it's very lowest level. If you can not manage to PT on your own and meet very minimal standards, than perhaps you just don't want to be in the Army(which is fine). You will most likely be facing a general separation. If you are in fact working to improve and can pass a PT test now, fight it. If you still lack the minimum standards, take the discharge and move on with life.

Response by SSG Private RallyPoint Member made Dec 19 at 2018 5:33 PM

2018-12-19T17:33:34-05:00

Sounds like your chain-of-command is failing you on some level. You need to ask your first line or a battle buddy to exercise with you or help you with any assistance you might need, in the end your physical fitness is on you though. I'd say the best way to change their mind is square yourself away be the model soldier and ask to take a PT test when you are ready. You got to show that you have heart and are worth retaining

Response by SGM Bill Frazer made Dec 20 at 2018 12:03 AM

2018-12-20T00:03:45-05:00

What you failed doesn't matter, what matter is that you had/have no self discipline and faied the standards not twice but 3 times! By the regs you should have been barred from re-enlistment and chaptered. They won't let you stay in, and the type discharge is up to the CMD group, which they have answered by starting a Chapter 13. Suggest you talk to JAG as to what few options you have left remaining.

Response by SGT Private RallyPoint Member made Dec 20 at 2018 2:18 PM

2018-12-20T14:18:25-05:00

If you want to fight it, you are well within your right to. However, it comes down to personal accountability. I was a baby PFC then a SPC working a 24 hour/365 mission and was ordered to conduct PT on my own. I developed my schedule for doing it, and I scored the best APFT score in my career afterwards.