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I have a question regarding underage drinking and the

Customer Question
possibility of a field grade...
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: 11 months ago.Category: Military Law
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Answered in 4 minutes by:
11/28/2016
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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

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Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

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

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Customer reply replied 11 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 ?
Military Lawyer: P. Simmons, Military Lawyer replied 11 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

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Customer reply replied 11 months ago
I swore in my second time and shipped on July 6 and I'm an e-1
Customer reply replied 11 months ago
no prior article 15's
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

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

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Customer reply replied 11 months ago
Okay
Military Lawyer: P. Simmons, Military Lawyer replied 11 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.

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Customer reply replied 11 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 ?
Military Lawyer: P. Simmons, Military Lawyer replied 11 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.

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Military Lawyer: P. Simmons, Military Lawyer replied 11 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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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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