I need HELP!

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PabloEsca

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My command team has told me today they are going to start the process of chapter due to CH 14-12c.
So I was in an aggravated assault (civilian side) charge which I was arrested, but I was using self defense and the court hasn’t started any indictment hearing. I was arrested for that day only.
Army wants to discharge me due to going to jail even though the civilian court system hasn’t closed. I am innocent and have did all the necessary steps with my lawyer as well.

So should I fight this discharge, they have stopped my MEB process,
 
PabloEsca said:
My command team has told me today they are going to start the process of chapter due to CH 14-12c.
So I was in an aggravated assault (civilian side) charge which I was arrested, but I was using self defense and the court hasn’t started any indictment hearing. I was arrested for that day only.
Army wants to discharge me due to going to jail even though the civilian court system hasn’t closed. I am innocent and have did all the necessary steps with my lawyer as well.

So should I fight this discharge, they have stopped my MEB process,
Click to expand...
Fight now. There is no better time than the present. I would consult a private attorney that specializes in UCMJ. If no UCMJ action I don't see how they could chapter you out. If they can chapter you out with out UCMJ there should be some options to fight it I would hope!
 
Just general information:

What kind of discharge is a Chapter 14 12c?​


(3) The soldier commits a single act of “serious misconduct” (paragraph 14-12c) “serious misconduct” is an offense which could be punished by a punitive discharge under the UCMJ.


What is a Chapter 14 in the Army?​


This chapter establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave.

What does misconduct serious offense mean?

A single act of misconduct with civilian authorities or a pattern of conduct prejudicial to good order and discipline. (paragraph 14-12b); or. (3) The Soldier commits a single act of "serious misconduct" (paragraph 14-12c) "serious misconduct" is an offense which could be punished by a punitive discharge under the UCMJ.

Ron
 
So update:
The civilian side of court still no update,
Police report and my chain of command says it self defense and even my attorney gave a letter of opinion and still with all that, they want to discharge me for this one incident, no priors at all no AR-15s prior
 
PabloEsca said:
So update:
The civilian side of court still no update,
Police report and my chain of command says it self defense and even my attorney gave a letter of opinion and still with all that, they want to discharge me for this one incident, no priors at all no AR-15s prior
Click to expand...
@Provis offered:

” Fight now. There is no better time than the present. I would consult a private attorney that specializes in UCMJ. If no UCMJ action I don't see how they could chapter you out. If they can chapter you out with out UCMJ there should be some options to fight it I would hope!”

Ron
 
My understanding is that admin seps shouldn't stop the MEB process but they should both continue and then the convening authority (assuming that's the right term) will decide at the end which one to proceed with. I wouldn't wait to fight this either.

Here's a link a found: it's from 2015 but takes through potential misconduct and discharges and their impact on disability evaluations.

 
robins said:
My understanding is that admin seps shouldn't stop the MEB process but they should both continue and then the convening authority (assuming that's the right term) will decide at the end which one to proceed with. I wouldn't wait to fight this either.

Here's a link a found: it's from 2015 but takes through potential misconduct and discharges and their impact on disability evaluations.

Click to expand...
I think that applies to minor offenses. This chapter would supersede that and could stop IDES in its tracks.
 
Update:
My 1SG explained to me that BDE level wants to push the Chapter and it might not even go to CG for consideration of MEB or Discharge.
 
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