I have been notified that I am under initiation of elimination proceedings. My case is about adultery that was committed in April of 2009 and brought to my new command's attention in March of this year, after I received a commission in August of last year. Although the infraction was committed as an NCO, I received a General Officer Memorandum of Reprimand and it was recently filed in my official military personnel file after I submitted a rebuttal to the punishment all together. I was accused of conduct unbecoming an officer. I have never been in any kind of trouble before. And the conduct occurred while I was a NCO. I am still in shock that is is even happening to me. I have nine years of documented excellent service, three combat tours, one overseas tour, and numerous awards and accolades. At this point, is there anything that I can do? They are recommending a General under honorable conditions discharge. I absolutely do not want that. I will not be able to receive separation pay or use my GI Bill. I tried to save my career - this chain of command has made of their mind that they want me out of the Army. Probably due to the downsizing. However, they haven't even given me a chance. This offense did not occur under this chain of command. And these individuals no nothing about me because I just got here in October of last year. All they know is I came here to attend a military training school, which I graduated with honors. What do I do at this point?
State/Country relating to question: Georgia
Submitting a rebuttal.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Are they giving you a BOI? A hearing? Or are they separating you as a probationary officer with no hearing?
No hearing and no board. Just separatipn as a probationary officer.
That is tough. How long do you have to "submit matters"?When is your deadline?
It is. I have 30 days. I have three options. Involuntary separation rebuttal statements, resign, or retire. I have only been in the Army for nine years so I can't retire. I don't know what to do. And I've learned more reading regulations than I have speaking to JAG. I told the commander I wanted to resign in the hopes I would get a honorable discharge. But he has recommended a General under honorable. so monday, I'm going back there to pull my resignation. I feel like no matter what I do, its not going to be the outcome I feel like i deserve
I agree, you would do well to submit matters (rebuttal). At least you can get your side of the story in front of HQDA.It is Headquarters, Department of the Army, who has the final say on your discharge and if you are discharged, the characterization of that discharge.Since you are in a probationary status, they can separate you without a hearing.You want to fight this? It has to be on paper.But that does not mean you have no options.You do...you are simply limited to submitting your evidence in a written form.I would start out by reaching out to folks who can say good things about you. There must be several...if you were able to obtain a commission you must have had good service in your past. You want statements in support from anyone who will provide them.And you would do well to assemble other evidence as well.You want to win this? Hire a lawyer. One to help you assemble a "package" to HQDA. If you can show HQDA that you deserve another shot...it may be they give you one.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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