Chapter 11 – Entry Level Separation
Peace of Mind Legal Review
Are you facing a Chapter 11? You probably have questions about the procedure and what are your best options for a successful outcome. If you have spoken with trial defense services and would like to obtain more information, a peace of mind legal review may be a good option for you. The service is designed to specifically meet your legal needs without costing you a lot.
Mr. Coombs will conduct a thorough review of your chapter action. He will read, analyze, and summarize all of your records to identify the strengths and weaknesses of your case. He will also identify any legal errors in the chapter that can be used by you to avoid being separated. With this information, he will help your determine the best available course of action for you. Finally, Mr. Coombs will provide you with an honest assessment of your chances for a positive outcome.
As you are considering whether a peace of mind legal review is right for you, please review the information below to help you prepare for your chapter action. If you decide you would like to do a peace of mind legal review, contact our office by sending a message to [email protected]
Chapter 11 Separation
1. WHAT IS THE BASIS FOR A CHAPTER 11? The inability, lack of reasonable effort, or failure to adapt to the military environment. The soldier will have completed no more than 180 days of active military service.
Action will be taken to separate a member when it is clearly established that:
a. Soldier cannot adapt socially or emotionally to military life.
b. Cannot meet the minimum standards prescribed for successful completion of training (i.e. PT or Weight standards) because of lack of aptitude, ability, motivation or self-discipline.
c. Soldier has demonstrated character and behavior characteristics not compatible with satisfactory continued service.
d. Have failed to respond to counseling.
e. Females who become pregnant and cannot satisfactory complete their training.
f. A soldier convicted of a courts-martial not given a punitive discharge.
2. WHAT MUST THE COMMAND DO BEFORE THEY CAN INITIATE AN ENTRY LEVEL SEPARATION? The following must take place:
a. The soldier must be formally counseled in writing (preferably on DA Form 4856) and this counseling must include:
1. The reason for counseling.
2. The fact that separation action may be initiated if the behavior continues.
3. The type of discharge that could result from the possible separation action and the effect of each type.
4. The soldier should be given a reasonable time to correct the deficiencies (Para 1-18b, AR 635-200). (Soldier should not be separated when the reason is that military service is different then civilian occupation.)
3. PROCEDURE. The unit commander notifies the individual that he is pending separation action in writing. After a reasonable amount of time, the unit commander forwards the packet, with his recommendation, to the approving authority, Battalion size element commander, for final action. The approving authority can either approve or disapprove the separation action.
4. WHAT ARE YOUR RIGHTS?
a. You have the right to consult with consulting counsel within a reasonable time, or civilian counsel at your own expense.
b. You have a right to submit statements on your own behalf.
c. You have a right to obtain copies of documents which your commander will forward in support of his separation recommendation.
d. You have a right to waive the above rights in writing. Failure to respond within seven (7) days (that means not signing the form) means you give up all your rights.
e. You have a right to a separation medical examination upon approval by the separation authority. (You may also waive this)
5. TYPE OF DISCHARGE. Members separated under this chapter will be given an uncharacterized discharge.
6. EFFECT OF DISCHARGE. Members should receive little or no prejudice in the civilian community from this type of discharge they will receive no benefits from the military or VA. This includes the GI Bill (no return of money put in) and accrued leave.
7. TIMING OF SEPARATION: You will be separated as soon as possible. Separation takes approximately ten (10) working days from the time the chapter is approved by the separation authority.
Note: Any misconduct committed after discharge is approved, but before separation, can still be prosecuted.