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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33803
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have a question regarding underage drinking and the

Customer Question

I have a question regarding underage drinking and the possibility of a field grade article 15 in ait !
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes the staff seargent who took me and another battle buddy to the mp station but other than that no , at some point this week I will see the commander in regards ***** ***** out the proper later work for the situation
JA: Anything else you want the lawyer to know before I connect you?
Customer: No mam
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 5 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 5 months ago.
Saturday I got caught drinking underage in ait and was processed through the mp station and filled out a counseling form with the Sgt that caught us . I was told I will most likely get a field grade article 15 , I personally do not like the military for various reasons and I would just prefer a discharge instead of continuing with my active duty even if it is an unfavorable discharge . What are the chances that I will get one when I talk to the commander ? And if he doesn't give me one can I request one ?
Expert:  P. Simmons replied 5 months ago.

Can you tell me

1. How long have you been in and what is your rank
2. Do you have any prior Art 15's

Customer: replied 5 months ago.
I swore in my second time and shipped on July 6 and I'm an e-1
Customer: replied 5 months ago.
no prior article 15's
Expert:  P. Simmons replied 5 months ago.

Thanks
Just a moment, I have some thoughts and will type them up

Customer: replied 5 months ago.
Okay
Expert:  P. Simmons replied 5 months ago.

What you are describing would be a basis for the commander to separate you with an "entry level separation" OR via a "chapter" for misconduct.

So it is possible, in theory, for the commander to separate you...and you canrequest this if you like

However, what you are describing is, generally speaking, not going to be a reason for the commander to pursue separation. The Army spent a LOT of money to find and train you...the last thing they want to to let you walk away.

So it is unlikely they will separate you for this...but no harm in making the request.

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.

Customer: replied 5 months ago.
But do you think that he would give me the separation if I tell him I will try to get another article 15 just so they will discharge me if he doesn't at the time ?
Expert:  P. Simmons replied 5 months ago.

That I do not know...it depends on the commander. My experience is that generally, they do not want to allow a soldier to leave early on their own terms...so if I had to guess I would say no. But no harm in making the request.

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.

Expert:  P. Simmons replied 5 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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