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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I've been told that I will be getting chartered and they

Customer Question

Hello I've been told that I will be getting chartered and they will start my chapter paperwork. I have been in for over 3 years and my ETS is in less than 10 months. I have never Had a article 15 prior to the Field grade I just got for larceny at the P.X (item was $120) at my final hearing I was never told I was getting chapterd they just gave me my punishment. 45-45 etc. about mid way through my extra duty I find out they want to start the chapter process on me. My question is, don't they have to give me time to show that I can still function in the army and show hem that it was just a out of character incident. I feel like I have not gotten a chance for rehabilitation especially since this is my only incident. What is the best way to fight this chapter. Also it was me and someone else involved. He only got a bar for renlistment which makes me think I'm being targeted and it just doesn't feel right....
Submitted: 11 months ago.
Category: Military Law
Expert:  Peter Griesch replied 11 months ago.

After receiving nonjudicial punishment, the command is sending you to an administrative separation board. It you're being recommended for separation with a characterization of "other than honorable" for your character of service, you'll be given an opportunity to have a board hearing.

For that hearing you'll be assigned a JAG to defend you. That is the time when you can raise that this was an out of character incident, all of the good things you've done in the service, etc.

The board will then make it's recommendations to the commanding general.

So, yes, they do have to give you an opportunity to fight the separation, and that opportunity is the board hearing.

Thanks for your questions.

Customer: replied 11 months ago.
What if they are just giving me a general? Is there still a way to fight it?
Expert:  Peter Griesch replied 11 months ago.

Are you being recommended for a general discharge?

If you have less than six years of service, as is your case, and you are not being considered for an OTH discharge, but instead a general, the only way you can fight this action (or at least have some input into what sort of discharge you receive) is to submit statements in your own behalf.
These statements can be your own, from people with or for whom you work. They should talk about your duty performance, potential, and ability for retention, as well as any significant past
contributions you have made. They can ask that you either be retained in the service or given an honorable discharge. These statements should be submitted to your Commander, who in turn will forward them to the Separation Authority to aid him in his decision.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

Customer: replied 11 months ago.
Okay so I found out they are trying to give me a chapter 14-12C. I was not court martialed I took the ucmj (field grade). I have never been in trouble ever except for this dumb mistake. My question is, Was my actions really considerd a serious offense? I thought that was for DUI or drug related problems? What constitutes a serious offense?
Expert:  Peter Griesch replied 11 months ago.

Larceny is considered "serious misconduct." Serious misconduct is defined as any offense which could be punished by a punitive discharge under the UCMJ.

Under Article 121, larceny, for stealing $120 worth of property from the PX, you could receive a bad conduct discharge of you were referred to a court-martial.

Therefore, it is considered serious misconduct.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

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