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Is there a time frame between article fifteens that a

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chapter 14-12b can be started? The...
Is there a time frame between article fifteens that a chapter 14-12b can be started?
The SM has a summarized and a company grade, the summarized was for being late to formation and the company had the same charges aswell as disobeying a direct order from a LTC and a NCO.
Submitted: 1 year ago.Category: Military Law
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3/25/2016
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,677
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpThere is no required timeline. IF there is evidence to support the chapter? The commander can convene the chapter (start the chapter process). That said, the soldier has rights in the process...and they are free to exercise those rights during the process.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.
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Customer reply replied 1 year ago
Now with the pending chapter, i just got the memorandums from my co today and will be going to talk with TDS on tuesday, im wanting to fight it i just don't know how or the approach i should take.
Any advice you can help me with?
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

There are basically two ways to "fight" a chaper.
One: if you can prove that there is no basis (for example, they were wrong...you never went to Art 15...it was a mistake) that can be a way to fight. Though what you are describing it does not seem that this will help you.

two: if you can prove that discharge is not appropriate. You can conceede that they have a basis (it seems they do) but if you can show tha you are really a good soldier and should not be separated? That can sometimes help win a chapter. Best way to do this is to get folsk who know you will and would be willing to speak on your behalf.

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Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Please rate the answer so I may receive credit
Thanks for your understanding
Phil
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
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