Legal Question in Military Law in Georgia

Pending Chapter ASAP Failure.

I'm currently serving in the United States Regular Army. Stationed in Fort Stewart, GA. According to my command they are considering a chapter for failure to complete the ASAP program. I recently was in trouble with an incident involving alcohol not once but twice. my question is ASAP failure an dishonorable, other than honorable, general discharge? Nobody seems to know or act like they know but--name removed--t really know anything..


Asked on 6/22/09, 5:06 pm

3 Answers from Attorneys

William J. Holmes Attorney at Military Law

Re: Pending Chapter ASAP Failure.

If you are chaptered out for a rehab failure, that should be a general discharge. The only way to get a DD is with a general court-martial.

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Answered on 6/22/09, 5:46 pm
William J. Holmes Attorney at Military Law

Re: Pending Chapter ASAP Failure.

If you are chaptered out for a rehab failure, that should be a general discharge. The only way to get a DD is with a general court-martial.

Read more
Answered on 6/22/09, 5:47 pm
Scot Sikes Law Offices of Scot Sikes

Re: Pending Chapter ASAP Failure.

Keep in mind that the rules governing the chapter are found in AR 635-200, Chp. 9. Depending upon your time in service and the type of discharge the command is recommending, you may be entitled to an Administrative Separation board where you could fight to be retained or, at a minimum fight the characterization of discharge. Make sure you fully understand your rights under the governing regulation before you sign anything.

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Answered on 6/26/09, 11:48 am


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