What can I do to prevent an involuntary separation for APFT failure given that I was pregnant when I failed the second time?

2019-03-28T20:18:03-04:00

I’ve reached out everywhere that I could for help.
NCO’s, CSM, IG, LEGAL.
Long story short, I’m being recommended for involuntary separation for 2 failed apft. My second apft I was pregnant (still am) so it shouldn’t count. It had been determined by IG AND LEGAL that the pt test doesn’t count but my CDR and 1SG are still pushing it. Because I went to IG and Legal my CDR and 1SG are now retaliating against me to try to get me out in other ways buy finding old counselings (more than one year old) of minor infractions like forgetting to sweep the stairs after pt and using them as grounds for article 15. Every day they find something new. If I ever did 1. Thing wrong I am now facing an article 15 for it. I’m now flagged for Apft failure, involuntary sep and Adverse action (I wasn’t even counseled or notified of my adverse action flag I randomly found out by looking at my ERB) They have cancelled my baby appointments for my pregnancy, my behavioral health appointments, questioned the paternity of the father of my child which is extremely inappropriate. They have made my life a living hell for standing up for myself. Any thing I say to defend myself is counted as disrespect no matter how respectful I am, they will not authorize my BAH to move out of the barracks, as I get bigger it will be harder and harder to move out of the barracks (physically). They are constantly harassing and looking for me to do something wrong and searching for things done wrong in the past. I have no major problems other than my 1st apft failure. I have minor negative counseling’s for small things.
They are creating a paper trail now to get me out. My 1SG has even lied and said he spoke to my pregnancy PT instructor on a day that I attended and told him I did not attend and my pregnancy PT instructor had not talked to my 1SG at all.

I need help,
My CSM said he’s never had a female soldier before because he’s 160th so he couldn’t help me

My IG told my CDR the chapter for the apft would not work because the second apft Didn’t count but my CDR doesn’t care.
My Legal office said the same as IG.

My behavioral health can’t help me and I literally have a panic attack every time I’m in the same room around my CDR or 1SG OR even see his car.

No one can help me. I am going to IG again tomorrow and I’ll proba embarrass myself but I keep Crying out for help I don’t know what else to do. My OBGYN who’s a major couldn’t help me. She could only tell them to stop canceling my appointments.

Response by SGT Ben Keen made Mar 28 at 2019 8:43 PM

2019-03-28T20:43:49-04:00

LTC Kevin B. / SGM Erik Marquez - what do you guys think of this? What would be the best course of action for this young Soldier? My understanding is the second test should have never been issued so I'm not sure how legal would look at it.

Response by SSG Private RallyPoint Member made Mar 28 at 2019 9:28 PM

2019-03-28T21:28:36-04:00

There are always two sides to every story, and I am not saying you are lying. But if all this is true, and you've gone to IG and JAG, and this is how you are being treated, you need to go to EO. Find you company or BN EO rep and tell them how you are being treated. You can also always utilize the open door policy and work your way up. Your CSM says they cannot help? Let him know you'd like to talk to the BN CO, and move your way up the chain of command if need be.

Your first concerm about the apft failure seems to be covered by the legal side, but if your Co command is treating you the way they are you need to go to EO.

Response by SFC Private RallyPoint Member made Mar 29 at 2019 12:39 AM

2019-03-29T00:39:45-04:00

I've seen you post on here before, but as I recall your second failed APFT you didn't find out you were pregnant until after the APFT, meaning you were not protected by a pregnancy profile.
On the good side, if legal says they can't proceed with the chapter, then your chapter stops there.
Inquiring about the paternity of your child is very inappropriate, unless you're suspected of adultery, then the command is compelled to inquire.

I suggest an email to your congressman. But you need to be specific, very specific. Much more specific than this vague list of accusations you've listed that can mostly be explained away by miscommunication. If you have a strong case and you can clearly communicate exactly how and when you've been harassed, your congressman can help.

Response by SSG Private RallyPoint Member made Apr 6 at 2019 12:02 AM

2019-04-06T00:02:24-04:00

Regulation states after your first failure you will be barred and flagged and out on a 180 day evaluation period. After 90 days you will take a second PT test if you fail that one you will have another 90 days. After that if you fail the third time you will be chaptered from the army.

Response by MSgt Private RallyPoint Member made Dec 22 at 2020 8:08 PM

2020-12-22T20:08:57-05:00

Have you gone to JAG with this? Sounds like there is more to this story than you are telling. Hope the best for you and your career.

Response by SMSgt Bob Wilson made Dec 23 at 2020 7:05 PM

2020-12-23T19:05:51-05:00

There is more to this story than I want to know. A few things jump out at me. [1] BAH early. You must have a dependent for BAH. Presently, you have no dependent, I take it. [2] Article 15s: Unless it has changed, Article 15s can't be administrated 12 months after the fact. [3] Appointments: I've never had a Commander (etc) cancel a medical appointment. [4] Everything written points to a military member who should have never be let into the military [in the old days it was called "malcontent"]. NOW, THAT YOU ARE HERE, stop wasting your time writing on a web site and copy all your documentation and sent it to your Congress Representative. That is what they are there for.