Legal Question in Military Law in Tennessee

I have been in the military for 6 years. My boyfriend deployed and sent his Soldier/other woman home pregnant. When I found out I had sex with another soldier at work. I was caught in the act and I never stated that it didnt happen. I was given a field grade article 15 and demoted one rank. I completed the punishment phase of my article without any problems. My unit came home from deployment and my 1SG started a chapter packet on me. Can they legally try to kick me out after I completed all of my punishment without a problem? I haven't done anything else wrong in the military and I didn't even know that the guy was married. What are my options?


Asked on 6/26/12, 8:51 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Yes, they can try to chapter you out even after punishing you at Art 15. What you need to do now is to fight the chapter action. If they push it, you should have the right to demand an administrative discharge board to hear your case and decide if you should be separated. Evidence can be presented and witnesses called before the board to testify that you should not be separated. You can be represented by an attorney before this board to assist you in presenting a compelling case for retention. The board then makes a decision on discharge or not or the type of discharge. This is your chance to fight and try to stop the discharge and you should make full use of it.

I hope this helps. Please feel free to contact me directly at [email protected] or (757) 420-9321 if you have any additional questions.

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Answered on 6/26/12, 11:32 am


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