Posted on Mar 25, 2019
CPL Infantryman
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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
Posted in these groups: 8eb5c10a Legal ServicesP542 APFT
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MSG Intermediate Care Technician
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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.
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LTC Jason Mackay
LTC Jason Mackay
>1 y
R-C entrapment
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1SG Civil Affairs Specialist
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Umm... what?
They are doing it wrong.
Still, you did fail a basic standard. I would bust your butt to get off the blotter.
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SGM Erik Marquez
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Edited >1 y ago
CPL (Join to see) 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
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PO3 Pamala McBrayer
PO3 Pamala McBrayer
3 y
Is there anything ELSE hiding in the wings??? Another issue??? You don’t want a court martial. Jeeze. That’s for heavy duty, go to the brig or Leavenworth stuff! I can say that my son tells me that COVID-19 infections did harm a couple of his unit buddies and they have ongoing respiratory issues /long hauling. They have had some issues, but no one has talked about kicking them out…yet. I sense there is something more here.
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What does it mean if I've been given the option to request a court martial instead of being chaptered for APFT failure?
CPT Lawrence Cable
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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.
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MSgt Michael Smith
MSgt Michael Smith
>1 y
I don't even think you can give a person an Article 15 for failing a fitness test. You can demote them, separate them, but nothing punitive.
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CPT Lawrence Cable
CPT Lawrence Cable
>1 y
MSgt Michael Smith - It's been awhile since I was CO or S1, so I looked in 600-8-2. Nothing I read in there would indicate that you can do anything punitive like an Article. Don't have a clue what they were talking about, or the soldier misunderstood it.
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SGT John Creager
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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.
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SFC Michael Hasbun
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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.
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SFC (Retired) Efrain Hernandez
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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.
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Maj John Bell
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As far as I know, failure of the APFT is not punishable under the UCMJ.
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1SG Retired
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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.
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MSgt Michael Smith
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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.
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