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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How do i go about fighting a chapter over false counselings

Customer Question

How do i go about fighting a chapter over false counselings and personel biasedness. Like multiple ncos not only targetting me but treating me unfairly, not to mention blatant lies on paper.
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Depends...which chapter? And are they seeking a general discharge or an oth?
Customer: replied 2 years ago.
Chapter 14. And i have broken no laws, or anything serious. I recieved one article 15 for the same reasons, petty reasons i could hust get smoked over and others who have done the same and have not been punished the same or at all. I have proof on up to 6 counselings of the nco(s) lieing. And u have stated that on the counseling but nothin has happened or investagated. For the times i was late, i was being switched off and in new medications, and was fighting insomnia, but regardless they still attempt to push me. I now do not want to be in the army, i just want to leave quietly with an HONORABLE discharge, however im not sure if they are pushing that or a general, but i know 2 ncos that would love nothing more then ti see me get chapted with no benefits and end hp homeless. So how do i aboyt at least securing a honorable discharge
Expert:  P. Simmons replied 2 years ago.
Thank you. Are they seeking an other than honorable discharge, or a general discharge?
Customer: replied 2 years ago.
I havent received my packet yet, Im still doing all the initial ACAP briefs and such, but knowing them a general, i would like to say a honorable, but corruption isnt too kind on the good hearted men.
Expert:  P. Simmons replied 2 years ago.
Thank you. Your ability to fight this depends entirely on what type of discharge characterization they are seeking.
If they are seeking to give you and all through the Honorable discharge, then you're entitled to and the hearing as well as an attorney to assist you at that hearing. The hearing would be in front of a board of officers and their decision would determine the characterization. At the hearing you would be allowed to call witnesses in your defense as well as to challenge any government evidence offered.
Now, if they are intending to give you a general discharge? Then your options are much more limited. You are allowed to submit matters, in writing, to the separation authority (this is the officer with the authority to approve the separation). So you can submit a letter yourself, and can include letters from others in support of your case.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.