Taking Chapter 9 instead of MEB

at_a_canter

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Would I still be able to possible be medically retired if I took a chapter 9 instead of waiting a year for an MEB to process?
 

Ed Mercanti

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You don't "take" a chapter 9. A chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure) is an involuntary separation. A disability retirement is to compensate a soldier/sailor/airman for the loss of a career. What career are you being compensated for if you are involuntarily separated?
 

Jason Perry

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Only way to get retired medically is by action of MEB/PEB or, in some cases, through BCMR. So, if you were to be separated through a Chapter 9, you would not have gone through PEB and would have to apply to BCMR. It is possible that you would still be medically retired, but, it is by no means assured and you risk your benefits and compensation. (Also, in some cases, if it was shown that you have made a conscious choice to separate- for example, by waiving your rights to a board, it can be used against you in appeals).
 

Jason Perry

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Every once in a while, I will see or hear about cases where folks try to do something else than directly going after what they want. In some cases it does or can work out. But, I have also seen disastrous outcomes where someone had a clear path to victory, wanted to do something else, then lost out altogether. Something to think about and to consider if you have a MEB already in the works.
 

at_a_canter

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Yes I absolutely understand and agree. I'm just not sure I can survive 6+ more months of my current situation, thats why I asked about taking a quicker way out....
 

tony292

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I am a Company Commander who currently has a Soldier pending both a CH 9 and a MEB at the same time. This is becuase he was already in IDES for a MEB and then had an alcohol related incident and was deemed an ASAP failure. The Commanding General will decide if he gets the MEB or Chapter. It appears for now that he will get the MEB.
 

Ed Mercanti

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I am a Company Commander who currently has a Soldier pending both a CH 9 and a MEB at the same time. This is becuase he was already in IDES for a MEB and then had an alcohol related incident and was deemed an ASAP failure. The Commanding General will decide if he gets the MEB or Chapter. It appears for now that he will get the MEB.
If memory serves me correctly, a chapter 9 carries an under honorable conditions (the old general discharge) as the worst characterization of service. That would not stop an MEB/PEB. If they switched tracks to misconduct (which they can do), then the misconduct would take precedence since it carries the possibility of an under other than honorable conditions (UOTHC) discharge.
 

at_a_canter

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chapter 9 can some with honorable, depends on what the commander wants to push
 

Ed Mercanti

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chapter 9 can some with honorable, depends on what the commander wants to push
Yes, it can be honorable. As I said, a general discharge is the worst characterization of service for a chapter 9.

And as I said a commander can opt to change it to a misconduct separation as well.

Why not avail yourself of the services provided by your command to address your problem?
 
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