Posted on Sep 27, 2016
PFC Soldier
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So here is the situation. My unit has not been keeping up with me. I have been pending chapter 18 for 5 months. During these 5 months I have not been able to afford child care because I pay child support and have been paying all the bills. I enrolled my one year old 8 months ago and still nothing with the programs on post. During these 5 months, nothing was done with my packet. All of a sudden they tell me my packet came back and they have to make up counselings because I haven't had a counseling in over a year. Mind you, I was injured back in 2014. I was put on permanent no push ups and sit ups. I was then put in the mailroom as a detail because I couldn't perform my mos. I have nothing on my record and my commander recommended I get discharged with an Honorable discharge. Here is the biggest problem.. My wife finally got a job and I have to clear soon because my packet came back. I explained to them, I am broke right now and I still can't find child care. They told me that's what my wife is. My family care plan.. I have never created a family care packet and he said they won't care about my situation. Here's the thing, I am married to my wife and my daughter is one. Their is no way I am going to leave my daughter home alone while my wife works. The army cannot tell my wife she can't work. So, what should I do?
Posted in these groups: C92a59d8 FamilyParenting logo ParentingChildren logo Children
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Responses: 6
CPT Pedro Meza
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Go see the Chaplain ASAP and talk to JAG ASAP.
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SGM Erik Marquez
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CSM Lucio C. DeAnda does not work that way... There is something missing, on your side, by sincere omission or otherwise, on the unit side, by mistake or intent.
There is something missing... Go see your unit 1sg, then CSM on an open door policy CSM Scott Nutter has the resources at his disposal if warranted.
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SGM Erik Marquez
SGM Erik Marquez
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Chap 18 is as easy to process as it is easy to screw up the process.
A single missed, required counseling, or failure to see the dietitian..not have an appointment with but actual meeting and the chap 18 packet is junk. And the process starts all over again. Read the regulation and the requirements of a chap 18, then be your own advocate..if that is the path you want, to be involuntarily separated for failing to meet height and weight standards so be it...... help the command team meet the requirements, track the appointments needed, the counselings required, all the actions needed to build the packet. then make your appointments, remind of the upcoming counseling needed to be done...meet with TDS...
Remember, the initiation of separation action is mandatory if one of the criteria below is met. "Initiation of separation action" means a separation action must be started and presented to the separation authority, however separation itself is not mandatory.
1. The soldier fails to make satisfactory progress in the weight control program after a
period of 6 months.
2. The soldier fails to meet table weight and body fat standards during the 12 month
period following the removal from the weight control program.
3. Between 12 and 36 months after being removed from the program, the soldier fails to meet body fat standards. If so, the soldier has 90 days to meet body fat standards.
Do not participate in falsifying counseling statements to support your packet. And again, CSM Lucio C. DeAnda does not work that way... so something is wrong.

As for the lack of childcare....that is your and your wifes parental responsibility not the army's... You have a legal duty and responsibility to be at the appointed place of duty at the appointed time..period .. and failure to be at the place of duty when so ordered is punishable under the UCMJ... At your Art 15 your lack of child care could be considered as mitigating factors ... but it does not erase your failure to be at your duty location and teh violation that occurred..
Your wife taking a job is not wrong. YOU BOTH as a parental team, with you already having a moral, ethical and legal responsibility to be someplace that would not allow you to care for your child were wrong for putting yourself in the position you're in.
What about on post child care, which uses a sliding fee scale?
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MSG Preventive Medicine Nco
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One of the steps of your packet is that it has to run thru JAG. Since it was kicked back, and I'm guessing due to lack of Counseling Forms, those will need to get done and packet resent from step one. Since they said that they have to make up counselings, the backdating of counselings is pretty much a no-go. As I said, when a packet is kicked back, it starts over at STEP 1. I would advise you hit JAG now.....even though down the line you will be given the option if you wish to speak with a JAG rep or not. Again, hit JAG now.
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MSG (Join to see) - TDs is trial defense service. Its basically a mandatory step to leave the military on a chapter. You have a choice to not speak to a lawyer or to accept the chapter. I accepted the chapter because I know what I'm being chaptered out for but now they tell me after the fact. They have to create fake counselings and the army would come get me if I can't clear. I explained to them my daughter needs to be watched but my wife works now and as a PFC I don't make a lot of money.
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MSG Preventive Medicine Nco
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PFC (Join to see) - Well, your mistake was clearly not wanting to speak to a lawyer.....even though you know why you're being chaptered. Always take the lawyer option. As for the fake/backdated counseling forms, USE USE USE that block to write your own statements. Include in there that you are signing backdated counseling forms and when you sign the line, BE SURE TO USE THE DATE THAT YOU ARE SIGNING IT.
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MSG Preventive Medicine Nco
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PFC (Join to see) - But to answer your other question about daycare....see if one of your squad/platoon mates is married and if their spouse is a stay at home spouse and if they would be willing to babysit and see what you can arrange for payment. Also, AER is a good source of information. Try militaryonesource to see what advice and options they have. And, as CPT Pedro Meza , seek the Chaplains office.
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1SG Mike Case
1SG Mike Case
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TDS is the defense counsel for Soldiers being recommended for Chapter, ART 15, and other things. Since the JAG Officer gives guidance to the command teams, the TDS lawyers are for the Soldiers. Like SSG Livingston said, take the time to go speak with TDS. They will look over your packet and give you guidance for your way ahead.
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