Legal Question in Military Law in Tennessee

They can proceed with chapter action despite a pending MEB. What you have to do is to fight the chapter action so that the MEB can resume. If they push this, you will need to elect an administrative discharge board, be represented by counsel, and call witnesses and present evidence at the board hearing that you should not be discharged. If you can win there, then the MEB can proceed.

I hope this has answered your question. If you have any additional questions, please feel free to contact me directly at [email protected] or (757) 420-9321.

Absolutely correct. With your years of service you are entitled to an Administrative Board. Do NOT waive any of your rights. You should run -- don't walk, run -- to the Trial Defense Service and get started on fighting the chapter action.

Some chapters require the Army to allow medical processing instead of involuntary separation, but Chapter 14 allows the Army to stop the medical processing and proceed directly to discharge, possibly costing you substantially all of your veterans benefits.

Be warned: The fact that the criminal charges were dismissed does not block the Army from using the underlying "misconduct" as justification for an involuntary separation. But if you were in fact acquitted, there are special provisions of AR 635-200 that apply a sort of "administrative double jeopardy" to limit the use of prior false charges of a crime in chapter discharges.