Hello again and thank you for your reply. Under Chapter 14 of AR 635-200, a Command can process a servicemember for a pattern of misconduct under the circumstances below for minor incidents. There is no time restraint that would prohibit your Commander from using the misconduct from April. In fact, they could use any prior misconduct to make a pattern, as long as it met the two or more rule. That said, you would have had to receive a counseling warning for at least one infraction prior to the final infraction being used for purposes of a pattern. In other words, you would have had to receive a written counseling that said any more misconduct could result in administrative separation. If you did, then they can process you and, unfortunately, because you haven't been in the service for at least 6 years, you are not entitled to a Board. You can submit a rebuttal and request for retention, but you would not be entitled to be heard by a Board.
Please let me know if you need any clarification. I would be glad to assist you further if I can.
(2) Pattern of Minor Military Disciplinary Infractions (paragraph 14-12a). The commander must provide evidence of a pattern of misconduct consisting solely of two or more minor military disciplinary infractions.
The type of behavior that qualifies for minor disciplinary infractions is very discretionary on the commander’s part. Before initiating separation under Chapter 14, the commander must insure that the soldier
has had adequate counseling and an adequate opportunity for rehabilitation. Rehabilitation efforts vary, but may include a transfer to a new section or platoon within the unit or to a new unit.