What does it mean if I've been given the option to request a court martial instead of being chaptered for APFT failure?

2019-03-25T14:57:48-04:00

I'm getting chaptered for apft I've been in for 3 yrs I was told I have the option to request a court martial what does that mean? It wasn't really explained to me just played off like its unimportant
Side note I got 4 months left in my contract

Response by MSG Private RallyPoint Member made Mar 25 at 2019 3:04 PM

2019-03-25T15:04:41-04:00

Request a court martial? that is a COMPLETELY new one. I know you have the option/right to speak with an attorney during the Chapter proceedings....but never have I heard that you can take a court martial instead of a Chapter. Methinks whomever it was that told you this has slight case of rectal-cranial inversion.

Response by PVT Mark Zehner made Mar 25 at 2019 3:08 PM

2019-03-25T15:08:33-04:00

Just no

Response by CPL Private RallyPoint Member made Mar 25 at 2019 3:12 PM

2019-03-25T15:12:00-04:00

Like I said I dont know what it means
With terminal leave I get out in 2 months, but they are really pushing for this chapter what can I do ?

Response by CPT Lawrence Cable made Mar 25 at 2019 3:20 PM

2019-03-25T15:20:51-04:00

Were you given an Article 15 for APFT failure? Did you fail your second record APFT? If not, I don't understand what you could be charge with to demand a court martial. I've never seen anyone give an Article 15 for APFT personally. In your case, they would be required to flag you, which would mean a bar to re-enlist and let your contract run out.

Response by 1SG Private RallyPoint Member made Mar 25 at 2019 3:37 PM

2019-03-25T15:37:17-04:00

Umm... what?
They are doing it wrong.
Still, you did fail a basic standard. I would bust your butt to get off the blotter.

Response by MSgt Michael Smith made Mar 25 at 2019 3:42 PM

2019-03-25T15:42:52-04:00

Whomever is telling you that is either wrong or there is more to this story. AFPT failure is administrative, not criminal. You can't be placed in jail or convicted of a crime for being overweight or out of shape.

Response by 1SG Private RallyPoint Member made Mar 25 at 2019 4:37 PM

2019-03-25T16:37:58-04:00

The length of time remaining until your ETS isnt relevant.
There is no option of court martial versus chapter.
It's not "your" terminal leave, nor does any leave you may have been planning to take change your ETS date.

Response by Maj John Bell made Mar 25 at 2019 7:35 PM

2019-03-25T19:35:33-04:00

As far as I know, failure of the APFT is not punishable under the UCMJ.

Response by SFC (Retired) Efrain Hernandez made Mar 26 at 2019 11:11 AM

2019-03-26T11:11:43-04:00

Why cant you pass the PT test in 3 years? Do you have a medical condition? Have you tried or you just want out? With 4 months left they should just let you ETS.

Response by SFC Michael Hasbun made Mar 26 at 2019 5:56 PM

2019-03-26T17:56:53-04:00

No you don't. Chapter is not a UCMJ function. There is no appeal. They're confusing the chapter process with the Article 15 process.

Response by SGT John Creager made Mar 26 at 2019 9:08 PM

2019-03-26T21:08:29-04:00

I would talk to the 1sg and Co. Ask for man to man. Tell them you just want to finish your contract and you are done. Tell them you also do not wish to cause any additional trouble. in my honest opinon I would have you riding the Bat. Staff duty desk or CQ desk.

Response by SGM Erik Marquez made Mar 27 at 2019 8:52 AM

2019-03-27T08:52:00-04:00

CPL Private RallyPoint Member 1st Get off Rally Point with this, go see your post legal services, it is part of the separation process anyway, use it.
2nd, someonedy, you or the one that told you about asking for a CM is mistaken. .. Requesting a CM is not an option for beings separated under AR 635-200, Chap 13, unsatisfactory performance.
As you have less then 6 years TIS, you are not even authorized a board to review the separation.

So either someone mistakenly said CM, or you heard it that way...or your not being separated under Chap 13 unsatisfactory performance after failing two consecutive failures of the Army physical fitness test per AR 350–1