29 August 2009

Chapter 14 - Separation for Misconduct

CHAPTER 14 - SEPARATION FOR MISCONDUCT


This post provides general information concerning Chapter 14, AR 635-200, Separation for Misconduct. AR 635-200 contains more specific information.

I. Basis for Chapter Elimination: There are four types of Chapter 14 separation actions: (1) conviction by a civil court; (2) pattern of minor military disciplinary infractions; (3) pattern of military or civilian misconduct; and (4) commission of a serious offense. Each type is different from the others and requires separate grounds for separation.


II. Command Requirements before Separation:

(1) Conviction by a Civil Court (paragraph 14-5). The commander must believe that the specific circumstances of the civilian conviction warrant separation from the Army; separation is not mandatory. Additionally, the civilian conviction must be for an offense that if tried by court-martial, would authorize a punitive discharge, or the sentence by civilian authorities includes confinement for 6 months or more, without regard to suspension or probation.

(2) Pattern of Minor Military Disciplinary Infractions (paragraph 14-12a). The commander must provide evidence of a pattern of misconduct consisting solely of two or more minor military disciplinary infractions. The type of behavior that qualifies for minor disciplinary infractions is very discretionary on the commander’s part. Before initiating separation under Chapter 14, the commander must insure that the soldier has had adequate counseling and an adequate opportunity for rehabilitation. Rehabilitation efforts vary, but may include a transfer to a new section or platoon within the unit or to a new unit.

(3) Pattern of Military or Civilian Misconduct (paragraph 14-12b). Similar to (2) above, the commander must provide evidence of discreditable involvement with civil or military authorities that is prejudicial to good order and discipline in the Army. Before initiating separation under Chapter 14, the commander must insure that the soldier has had adequate counseling and an adequate opportunity for rehabilitation. Rehabilitation efforts vary, but may include a transfer to a new section or platoon within the unit or to a new unit.

(4) Commission of a Serious Offense (paragraph 14-12c). The commander must provide evidence of a specific military or civilian offense that the commander believes warrants separation from the Army. The offense, if tried by a court-martial would authorize a punitive discharge upon conviction.


III. Soldier Rights: Soldiers have the right to consult with a military trial defense service attorney or with private civilian counsel at their own expense and to submit matters for the separation authority to consider before the separation authority makes a final decision regarding separation. Additionally, soldiers with at least 6 years of service OR soldiers who are facing the possibility of an Other Than Honorable (OTH) discharge are entitled to an Administrative Separation Board. All soldiers pending Chapter 14 separation should consult with an attorney before making any decisions concerning the Chapter 14 separation.


IV: Separation Authority: The separation authority is normally the Special Court-Martial Convening Authority, who is typically the first colonel in the chain of command. However, if an Other Than Honorable (OTH) discharge is recommended, the separation authority is normally the General Court-Martial Convening Authority, who is typically the Commanding General.


V. Characterization of Service: An honorable, general, or OTH discharge is possible under Chapter 14 proceedings. Soldiers in an entry level status (which means they have 180 days active duty service or less) may receive an uncharacterized description of service.


VI. Separation Pay: Separation pay is not authorized.

20 comments:

  1. What does the code JKA mean for a Chapter 14-12B (General) Under Honorable Conditions?

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  2. My son was in basic training when they took a break for Christmas. This is the only training session that has a break in it. He was doing very well there, and his father is retired Army so what I say next he knew better.

    While at home on break, he did something stupid which showed up on his urinalysis in January. They had him finish all tasks in basic and on graduation day, the drill sergeant came in and told him he was not graduating. My husband had already talked on the phone to the CSM before graduation so we knew that he was most likely not graduating. They were giving him the impression that he was going to get to graduate previously but not walk across the field. I was there for graduation and talked with the CSM. We were told that he was getting one type of discharge and now yesterday after being given the paperwork initially for that type of discharge, the Commander told my son that he was getting a different kind of discharge and now they are keeping him an additional 45 days of punishment. He has complied with them and this has been going on since his return the beginning of January. Should I hire an attorney?

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  3. If Im getting chapetered out on 14-5 becuase of an incident that i was arrested for but never convicted or indicted for and its been over a year now how can they chapter me out.

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    Replies
    1. a conviction is not necessary for initiation of separation. The conduct is enough to initiate the chapter. See AR 635-200.

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  4. my only question is, does the chapter process have to be completed in a certain amount of time, i'm getting a 14-12c and the unit i'm with still deployed me. is there a chance that i wont get the chapter due to time elapsed or is that a myth??

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    Replies
    1. No that's not a myth military still follows somewhat of a civilian law, the same situation happened with me but with different circumstances

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  5. My question is ,My husband got chapter out the army and today is his last day he got 14-12b seperation he reenlisted back in jan 2007 for 6 yrs he had only 7 mths remaining before he ets and they want him to pay back his bonus and said he wasnt getting his seperation pay because they are putting it toward his bonus pay back Can that be done?? Is it too late to do anything as its his last day and we are facing being homless by next mth with 2 kids im not working but is currently looking for work he has been the backbone of the family made one mistake...

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  6. im pending a chapter 14-12b but after reading up on it....I wasnt giving a chance of rehabilitation, and on top of that some information in my chapter packet is incorrect. ......my question is can this be grounds to throw out or overturn the chapter packet ?

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    1. I was curios if you have found out additional info pertaining to you case on Chp 14-12B. My Son is facing the same situation -- no rehabilitation either.

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  7. How many UCMJ's until your chain of command can give a 14-12b seperation and what grade of UCMJ must they be for tradon ARNG?

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  8. I was in the Army and was chaptered out in 2001 on a Chapter 14 Misconduct. My separation code is a JKQ my reentry code is a 3 now. My question is on my Dd214 it says I was eligible to get back in the Army up to 2003/05/16 now can I get back in the Army that's my question.

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    Replies
    1. You would require a waiver because of the '3' reentry code. Talk to a recruiter who can give more specific information

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    2. What happened??

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  9. Can you get chaptered under patern of misconduct with no civil convictions, no court martial convictions, or no serious offence?

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    1. Yes you can. Patterns of misconduct means(late to formation, malingering, insubordination, slothfulness of the job, DUI, etc......). You engage in those behaviors long enough, the Army will get tired of it and boot you out.

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  10. if your up for a chp 14-12b, my question is, is it possible to fight the chapter due to lack of resources ie. rebahbilitation, support as far as squad leaders on up? And is it a good chance to fight the chapter after the fact that the soldier has acted in negative ways again ie. attempted to harm themselves as a cry of help to try and get the help needed?

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  11. ive never had an offense before but popped hot on a urinalysis. they are giving me a 14-12c will i recieve involuntary seperation assistance?

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  12. Ok so I got charged with a dui, my command started the chapter. But the civilian court gave a verdict of not guilty and was cleared of all charges however my command is still trying to chapter me for the same thing isn't that double jeopardy? Can they still do that? If so I ets in a few weeks and they are pushing for it to be done before I ets

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  13. Is it possible to get a chapter 14-12c if you never had a field grade 15, never been arrested for anything, no dui, no awol, and no positive drug test?

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  14. I have a chapter 14-12c (2) for misconduct, I am also pending a medboard. the GC will make the final decision on wether or not I'll be medboarded. I asked that I was going to write a statement on my behave to support me, despite my misconduct. does anybody know who the process works as far as what the GC will choose. my medical conditions are pretty strong , that I think i'll get a bedboard over a chapter but who knows.

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