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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20173
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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what constitutes patterns of misconduct i recieved a ar15 in

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what constitutes patterns of misconduct i recieved a ar15 in april no negitive papers since then. then i was late to kp in july and was accused of disrespect and awol i was found not guilty of disrespect and guilty of being late and i recieved a field grade for that after reading commander said nothing about chapter i leave then sergent major calls me in and says he is going to chapter me for patterns of misconduct only because i recieved two ar15 though the second was a minor charge and first offense of being late ever and only documented trouble in 4 months


Thank you for the information. Are you in the Army? If not, what Service are you in? Also, are you asking if you can be processed for separation under the circumstances you have explained? Finally, how long have you been in the service?

Customer: replied 3 years ago.

Army and yes basically what are patterns of misconduct do they not take in account length off time between incidents what type of paper trail do they need and ive been in 3years just reenlisted for 5

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.
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