How long will a Chapter 12 discharge take? Since my ETS is July 17, 2020, will they allow me to ETS?

2020-03-10T19:12:40-04:00

Today is March 10, 2020 my ets is July 17,2020 if I'm in the process of getting a chapter 12 discharge how long will that take or will they just let me ets? If they allow me to ets will it be a honorable discharge? Can I take my 25days terminal leave?

Response by SGM Erik Marquez made Mar 10 at 2020 7:39 PM

2020-03-10T19:39:59-04:00

Chapter 14-12 permits discharges for five types of misconduct: (a) minor
disciplinary infractions; (b) pattern of misconduct; (c) commission of a serious offense; (d) abuse
of illegal drugs; and (e) civil conviction.
If your CofC has decided the effort to administratively discharge you under Chap 14-12 is the correct action based on your misconduct, it is reasonable to assume they will do so in a time line remaining you prior to ETS

EDIT of note, the Op posted Chap 12, that is non congruent with his post verbiage hence my response of chapter 14-12

Response by 1SG Dennis Hicks made Mar 10 at 2020 9:27 PM

2020-03-10T21:27:54-04:00

If your unit has ignited (and I mean Ignited) a Chapter 12 then they know your ETS date and they will proceed on the expected time line. It is more likely you will receive a General Discharge if you receive UCMJ action on the causes of the Chapter. Your Jag can answer these questions better because they can access all the documentation and the commanders intent.

Response by MSG Gary Eckert made Mar 11 at 2020 10:25 AM

2020-03-11T10:25:34-04:00

Are you sure they initated a Chapter 12, because Chapter 12 covers retirement for length of service. If they have initiated a Chapter 13 or 14 knowing that it your intent to ETS, your Commander probably intends to seek a General discharge. Some provisions of Chapter 13 and 14 require initiation of the discharge.

Response by 1SG Private RallyPoint Member made Mar 11 at 2020 10:42 AM

2020-03-11T10:42:21-04:00

It would take a serious change in your behavior, and a world class CoC relationship change to stop the chapter process.
As another person commented, despite knowing your ETS date, they've decided to initiate a Chapter 12, rather than permit you to stay in until your ETS date. It would be easier to permit you to ETS, so the initiation of the Chapter 12 is an indication of the CoC's desire to make the extra effort to separate you early. Generally, an Chapter 12 will result in an Other Than Honorable discharge, but may be General or Honorable. Considering the timing, I'd doubt they'll be going with an Honorable.

Response by LTC Private RallyPoint Member made Mar 11 at 2020 2:43 PM

2020-03-11T14:43:09-04:00

Bottom line: 1. If they took the time to initiate a chapter, they are not going to allow you to ETS. 2. If they took the time to initiate a chapter, you can almost guarantee it's not going to be an honorable discharge. Probably the best you can hope for is General under Honorable conditions. 3. Since you are being chaptered, it is HIGHLY unlikely that your CoC would approve terminal leave since you are still on their books until your leave is over and, therefore, they are responsible for you. Sorry to be Debbie Downer but that's just the way it is. They initiated a chapter for a reason and that reason isn't to give you an honorable discharge 4 months prior to your ETS....

Response by SSG Private RallyPoint Member made Mar 11 at 2020 3:34 PM

2020-03-11T15:34:51-04:00

Why would your command let you ETS with an honerable if you’ve done something that warrants a chapter 12