My son is at Ft Hood - he is in his 4th year and he will be out in July 2013. He is being Chaptered out. He has done some things in the past year (after returning from Afgahnistan)that got himself into trouble. Not sure what all the details are, but according to him - they are not bad enough to be chaptered out. Since his return from over seas - its been really hard on him. I have talked to his Srgt. and got nowhere. I need to understand the Chaptering out process and why he is being let out and he was told that he wouldnt be getting his GI Bill. This is very important. He joined the Army so that it would pay for his college. NOw they are taking it from him. Please help me or please tell me what direction I should be taking to get this straight.Thank YougGina HillConcord NC
State/Country relating to question: North Carolina
Talking to Srgt Perez. My son told me if I start asking questions and trying to talk to people in charge I would make life harder on him. I was told to go our State Reps office.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.Ok. Without details as to what he has done, it's difficult to give you much information on what actual Discharge status they are seeking.That being said, almost any level of misconduct can legally justify a separation from the military if that Soldier has less than 6 years of military service. The reason is that, prior to having served six years, soldiers are not entitled to receive a board hearing for their separations. That means that command can recommend and approve a separation with minimal legal oversight. I've seen hundreds of these go through and because it is an administrative process rather than judicial, there is no meaning appeals process.If he gets anything less than an honorable discharge, he will not be legally entitled to the GI Bill. So, that means they can give him a General discharge and keep him from getting the GI bill. Going for a General discharge though, doesn't automatically entitle him to representation or a board hearing in the way that going for an Other than Honorable discharge would.So command can ride the line, by only recommending and approving the General Discharge. Your son wouldn't have the ability to do anything beyond writing a letter of appeal to the commander that is the approval authority for the discharge. That commander can't be legally compelled to change his/her mind.Your son wouldn't have the legal right to any meaningful review until AFTER he was discharged, by filing a DD Form 293 with the military discharge upgrade board.I'm sorry to be the bearer of bad news here, but it is highly probable (based on the facts you've given here), that the military will be able to accomplish this separation if they wish.
Lawyer and current JAG officer.
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