Your husband is entitled to due process. And I would bet he gets it. Look at the phone call as a courtesy. It is certainly not required.
The key due process requirement for a chapter for PT failure, for a soldier
with over 6 years of service is as follows
1. They must be notified, in writing, of the basis for the proposed separation
2 They are provided the opportunity for a hearing in front of a board comprised of at least 3 officers
(including staff non commissioned officers
of a higher grade)
3. They are provided the opportunity for a lawyer to assist them. This is provided by the government (typically they are a reserve
JAG from the local area)
When he receives the notice in writing? He should demand a hearing and a lawyer.
Then he can work with the lawyer to prepare for the hearing.
If he has a service connected injury that is causing him to be unable to pass the APFT? That should be the focus of his defense. Specifically, if you can show that the reason he can not pass the APFT is because he has an injury caused by his service? That is grounds for a MEB (medical board). But the key is proof. The separation board burden of proof is "preponderance of the evidence"...this is a "50/50" standard. He will need to present evidence to prove that he has a medical condition caused by his service. If he can? THen he has a shot.
This is where the lawyer comes in...
And he should consider hiring one.
JAG is free...they may or may not have experience.
If he hires a lawyer...he is paying for experience.
THere is a lot of the line...he is close to retirement
...if he can win the board, it will force the NG to process him for a MEB. But he needs to win this board. Hiring a lawyer with experience will help.
BotXXXXX XXXXXne: He is entitled to a hearing. He will get it. And a lawyer to help. But I would hire a lawyer to assist in this fight. The fact he has folks who will say he is a great soldier is nice...but that is not the issue. The issue is the APFT failures. He has to prove he has a service connected condition that is causing this (as opposed to him being lazy). If he can prove it? He has a shot.