I have a specialist who was chapter 12 out for misconduct (serious offense) as stated on the 214. But she was never given a reading or a hearing for the chapter 12, just out processed. Does she have a right to appeal?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Fort Bliss, TX
JA: Have you talked to a lawyer yet?
Customer: she says yes, she talked to JAG, but they did not help her. She seriously has no clue what the charge for serious offense was. She was also escorted by an CSM aide to out process and was not told of what was happening to her, other that she knew she was out processing. She never got a reading from the BC, not even her CO. UCMJ still gives soldiers
the right to due process correct?
JA: OK. The Military Lawyer will need to help you with this.
Customer: can't do it anymore. She was already chapter out. The way I understand it, JAG only helps active duty personnel correct?
JA: Anything else you think the lawyer should know?
Customer: she was sexually assaulted by her PSG, this is what started her mental issues. After her going through the chain of command, she was stone walled. Then proceedings started to try and chapter her out. They tried with three different types of chapters
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.