Posted on Jan 6, 2016
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I had a miscarriage last January, and by not healing quick enough my former Readiness NCO told me that I was being discharged (In April). This past December, My "new" squad leader had gotten ahold of me via Facebook and let me know what was going on, if I didn't show up then I was going to be arrested, et cetera.

What I don't understand, is why didn't my platoon sergeant tell me that I was still on the roster when I saw him in August? I have moved two states away since then, and now I have to travel 12+hours to go to drill.

I need help, I don't know what to do, say, et cetera. I'm in the National Guard, and I was told long ago that article 15 can't be given to National Guard soldiers due to just being one weekend a month. Honestly, I'm scared. I waited a long time to get E4, and I don't want to lose it, nor my pay because I'm hurting as it is.

Any questions, just ask. But I really need advice. I plan on showing up for drill, and I don't want to be discharged, but a part of me thinks this is a set up to arrest me, which apparently there is a warrant for my arrest, and I don't know how to look that up either.

Thankyou.
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1SG Claims Assistant
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Edited 3 y ago
OOOHH BOY. Talk about a case study in crummy leadership.
I sincerely wish you well after what must have been a tough loss. I can't even imagine what that was like. Now let's peel the onion.

First, you are doing the right thing by going to drill. You are your own best advocate.

Second, telling you that you will be separated is very different from being separated. There is an official notification that gets sent to you by official, certified mail informing you of your commander's intent and apprising you of your rights. If that didn't happen, then your UNSAT packet went nowhere.

Third, while you can't be issued an Article 15 unless you were on Title 10 orders, more than likely your unit had an AT that you didn't go to, and missing that can bring punitive action. The commander could also reduce you administratively. Once again, going there and explaining the situation will get you far.

Fourth, if you want to continue to serve, you should pursue a unit to unit transfer to somewhere closer to home.

Now, as a senior NCO, I have a lot of red-butt about this.
Your unit is pretty jacked up for neither communicating with you nor following through on an UNSAT discharge. Chances are, their ineptitude will work in your favor, but it is still pretty chewed up.

You are definitely not in the right either. You are obligated to inform your unit you had moved, that you were pregnant, and that the pregnancy ended. At least some of that doesn't look like it happened.

Now you have a chance to turn the page and get back on track.
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SPC Justin Berry
SPC Justin Berry
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Was going to give the thumbs down to him but i need 15000 points to do so lolSSG Erik McKinster -
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SPC Justin Berry
SPC Justin Berry
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The way i interpreted her post was she she dont want to lose that $100 a month E4 pay, once she starts going back to drill. i didnt see it as she was getting paid the whole time. It wouldnt make sense that while theyre putting out arrest warrants they're also writing her in on the drill rosters, but, maybe at roll call she having someone there saying "here" for her roll call. Seen it done a few times. (Its not a job... its an adventure) lol.PFC Kevin Knapp -
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CPT Lawrence Cable
CPT Lawrence Cable
9 mo
CW3 (Join to see) -Most states have a state version of the UCMJ. In Kentucky, it's Chapter 35 of the Revised Codes and it certainly does give the Commander the power of Article 15, just under state law instead of Federal. Most of the legal powers under UCMJ were copied over at State level. They didn't get creative with it.
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LCDR Frederick Hardy
LCDR Frederick Hardy
8 mo
Don't reserve units generally produce documents which require signatures for separation (like for other actions like reenlistment, etc)? Something is left unsaid in this story.
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SGT Project Engineer
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I am trying to be sympathetic here, but this is how I see it.

If you have not been discharged, you are still a soldier. It IS your units job to keep track of you, but YOU have an obligation to keep your unit in the loop while you are on the books. You cannot just up and move from the state without letting your unit know. You have been in, what it looks like, for a long time - you should know the rules.

I am sorry for what happened to you outside the Army, but you have been without contact with your unit for a year... I am surprised if they would let you back in.
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SGT Project Engineer
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PFC Derek Friedman - You worked in JAG right? I assume you were active duty, because I really do not think the USAR or NG get involved with LE to issue warrants. I have never seen it happen, and I have been around for a while.
Secondly, you say you have been threatened with an Article 15 due to illegit reasons? Being JAG you must have taken that casually, because if you have all you paperwork in order, and Art 15 is easily beat. I was threatened with it once, due to equipment that was not within my responsibility - I told them that I would rather take the court martial, and *poof* there was no more mentions of a nonjudicial punishment. Ofcourse, you will have to know that you are in the right to do this. Because another fellow in Iraq was presented with a classic field grade art 15 (which is a sweet 45 days extra duty, while on half pay - a so called 45-45).. he opted for courtmartial and recieved 60 days hard labor instead.
BUT PFC Friedman, you are correct in missing movement. That a really bad move - and being gone for a year, the SPC should been on the books for AT (or so one would assume). (My new 1SG told me that "missing movement was the quickest way out of the Reserves", as I stared at him with dead eyes and handed him two personell files with soldiers about to miss their second movement... and guess who he yelled at? Me! And I loved it. )

SGT Sean McKnight - You are saying you have an E8 that are facing a dioshonorable discharge? You do realize that 1) the Reserves are understrength and does NOT just process people out. I have people that has more than 20 U's that are still on teh books, people that haven't passed PT tests for 2 years, still in.

But more importantly 2) you only recieve a Dishonorable Discharge as a result from a court martial. So if what you are saying is true about your E8, he screwed up in a major way. If you get a dishonorable discharge, you most probably deserve it. Even pissing hot on crack cocaine, get you a General Discharge - so you feel that the USAR and NG is doing something wrong in this aspect? I would love to hear what it is.

SPC Melissa Luppino - You are right. Everyone knows that.
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SGT Project Engineer
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SPC (Join to see) - I can see how someone AWOL is getting paid. The Army's pay system have inertia.. and amnesia.
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SSG Matthew Koehler
SSG Matthew Koehler
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SPC Melissa Luppino - DD214's are for active duty. NGB from 22 is the guard equivalent
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SPC Christina Rao
SPC Christina Rao
>1 y
I also do not want to sound unsympathetic and I'm not sure how the National Guard works but either way separation papers (DD Form 214) had to have been issued. You had to have received that before you left the unit. Let me ask you some questions. You went into the hospital most likely on base and you had a miscarriage didn't heal well but when you left the hospital didn't you contact your 1st Sargeant or your leader? Weren't you aware of what needed to be done? I mean it's kind of like a job if you're going to be out of your job for a couple weeks you go to your supervisor and you let them know when you're leaving and when you're coming back. Did you do fail to do this?
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CMSgt Socom J2/Tsoc Reserve Program Manager
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As a human, I am immensely sorry to hear of your loss. You have my full sympathy.

As a Chief/SNCO, I feel as I do not know all the facts here. One statement is puzzling me. "I waited a long time to get E4, and I don't want to lose it, nor my pay because I'm hurting as it is..." Didn't you already resign to the fact that you lost both of these by not showing up for a year? If you hadn't followed up on formal discharge paperwork nor assured your own attendance, these things appear to be low priority to you anyway.
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CW4 UH-60M Pilot
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This whole situation is just ridiculous on so many levels I don't know where to begin. Sad that this is what we are depending on to defend our nation these days.
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CPL Combat Medic
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I'm so confused. You thought you got out without getting a dd214?
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PVT Infantryman
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SSG Brian Lovins - don't think it's like this anymore. When I got out of the guard I recieved a DD214
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TSgt Steve Jasper
TSgt Steve Jasper
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Expect the worst and you'll never be disappointed.
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