Posted on Mar 14, 2019
What is the process for a separation date through chapter 8?
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I found out i was pregnant approximately 3 months ago and have been trying to voluntarily chapter out of the military through a chapter 8 (for pregnancy). I got my packet all together, since I am in the training room and sent it to s-1 to give to the battalion commander for his signature. From my knowledge, I am allowed to choose my separation date so long as my military physician and battalion commander agree. I am going to be travelling almost 15-18 hours by myself in a vehicle to get to my home so naturally I prefer this to be earlier on in my pregnancy. HOWEVER, even after the battalion commander signed my packet and approved the date, Brigade is telling me I cannot separate earlier than 30 days from my due date. I even called IG ahead of time to ask and they said the same thing as far as the battalion commander and my military physician...Can they do this? Someone please help me!
Officer Separation Board (OSB)
Pregnancy
Brigade Commander
Edited 5 y ago
Posted 5 y ago
Responses: 2
AR 635-200, Section II, Paragraph 8-9 states:
8–9. General
If an enlisted woman is pregnant, she will be counseled by the unit commander using the pregnancy counseling checklist. (See fig 8–1 and app B.) The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may—
a. Upon request, be separated per this chapter. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. The date must not be later than 30 days before the expected date of delivery or the latest date her military physician will authorize her to travel to her home of record or entry on duty destination, whichever is earlier. The separation authority will approve the request according to this chapter.
b. Remain on active duty.
So yes, you can request a specific separation date, but the Separation Authorities and Physician will set the separation date.
8–9. General
If an enlisted woman is pregnant, she will be counseled by the unit commander using the pregnancy counseling checklist. (See fig 8–1 and app B.) The unit commander will explain that the purpose of the counseling is to provide information concerning options, entitlements, and responsibilities and that the Soldier may—
a. Upon request, be separated per this chapter. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. The date must not be later than 30 days before the expected date of delivery or the latest date her military physician will authorize her to travel to her home of record or entry on duty destination, whichever is earlier. The separation authority will approve the request according to this chapter.
b. Remain on active duty.
So yes, you can request a specific separation date, but the Separation Authorities and Physician will set the separation date.
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PV2 (Join to see)
Thank you SSG, that is also where I received my knowledge from so my follow up question would be in the case of a chapter 8, who would be the "separation authority".
AR635-200, Section III, Paragraph 1-19 states:
d. The following commanders who have judge advocate or legal advisor available are authorized to approve or disapprove
separation under paragraph 5–11 and chapters 8, 11, and 16; and under chapters 9, 13, and 18 when the case is processed
using the notification procedure (see chap 2, sec I):
(1) Commanders in the grade of lieutenant colonel or above.
(2) Commanders in the grade of major, who are on an approved recommended list for promotion to lieutenant colonel and
who are assigned to command any unit authorized a commander in the grade of lieutenant colonel, or above. This authority
does not include officers in the grade of major, who are acting commanders, even if on an approved recommended list
for promotion to lieutenant colonel.
so as long as my battalion commander (LTC) signs it/ approves, it should be fine?
AR635-200, Section III, Paragraph 1-19 states:
d. The following commanders who have judge advocate or legal advisor available are authorized to approve or disapprove
separation under paragraph 5–11 and chapters 8, 11, and 16; and under chapters 9, 13, and 18 when the case is processed
using the notification procedure (see chap 2, sec I):
(1) Commanders in the grade of lieutenant colonel or above.
(2) Commanders in the grade of major, who are on an approved recommended list for promotion to lieutenant colonel and
who are assigned to command any unit authorized a commander in the grade of lieutenant colonel, or above. This authority
does not include officers in the grade of major, who are acting commanders, even if on an approved recommended list
for promotion to lieutenant colonel.
so as long as my battalion commander (LTC) signs it/ approves, it should be fine?
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MSG (Join to see)
PV2 (Join to see) - Quite possible unless your Brigade Commander is part of the separation authority network. What I do know is Chapters (bearing in mind my experience with Chapters is for APFT and HT/WT) usually have to go up high above Division level. You may be good with just your BN CDR, but then you may need your BDE CDR signature. But, your BC is wrong in that it can't be done earlier than 30 days. The regs state NLT 30 days to Due Date
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SFC Casey O'Mally
PV2 (Join to see) - Commander has to have a JAG or Legal advisor. Most BNs do not have a BN Legal, you have to go up to BDE Level to have a resident legal advisor. At least that is the way I read it.
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Since starting this process, have you gone to legal yet? Has your packet been through legal yet? The process has to be signed off by legal as well. If you haven’t gone yet, I highly suggest you get there as soon as possible. Also, please make sure you take your NCO with you to assist in this process, this way you’ll have someone with you who has a better understanding of military procedures. You are correct when you stated you’re able to choose your date, this is why I asked if you’ve been to legal because they’ll make sure your command stay on task...good luck to you, I hope this helps...
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PV2 (Join to see)
I tried to take it to legal but both legal and S-1 told me that since it is a voluntary separation, legal has nothing to do with it and that it is all in the hands of S-1. If you think I should take it to legal, then I will but that is what they told me.
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SFC (Join to see)
When I worked in the S1 at my previous assignment, the two Soldiers that separated under Chapter 8 packet went to legal. All Chapter 8s are voluntary. The S1 can also contact Separation Branch/Section to ensure you have the proper documents and the required signatures. PV2 (Join to see)
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PV2 (Join to see)
SFC (Join to see) - Thank you SSG, I'll make sure to stop by legal first chance I get!
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PV2 (Join to see)
SFC (Join to see) - sorry i meant SFC* I wish our S1 was as helpful as you! They disregarded my packet for a week and a half before I showed up
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