a reply to: Aazadan
I'm uncertain if anyone acting like military lawyers have ever read or even know about
Army Regulation 635-200
(19 Dec 2016)--this governs every aspect of
administrative discharges from reasons why someone can be discharged to how to write up the discharge paperwork to who the approval authorities are
and how Soldiers must be notified of "chapter" proceedings and their right to seek counsel concerning the proceedings.
The downfall of the article to which you linked is that it doesn't reference a single chapter under 635-200 that any of these guys were discharged
under. Having the knowledge of the AR like I do (writing, processing, and counseling both commanders and Soldiers about chapter paperwork was a pretty
core function of my work as a 71D in the military) tells me that either these discharged people are not being 100% honest, this Margaret Stock lady is
being intentionally misleading or withholding, or the AP is intentionally misleading via their reporting.
There are quite a few chapters where someone can be discharged for the "Convenience of the Government" (Chapter 5 of the AR noted), and Chapter 5-10
is titled "Discharge of aliens not lawfully admitted to the United States." There is also the 5-11 for people who don't meet fitness standards. There
is the 5-13 (Personality Disorder), and 5-17 ("other designated physical or mental conditions), and those examples are just scratching the surface.
There are myriad reason why a Soldier can be administratively discharged from the Army--I gave you a few examples from one chapter of many. You will
note, though, that paragraph 5-1(b) notes that an honorable discharge under Chapter 5 "is normally inappropriate" for some of the reasons under the
Also, the "uncharachterized" discharge is only given to people with less than 180 days of military service, so if there are some of these people who
have received that, it was probably while they were in Basic, AIT, or just arrived to their first duty station. They have not served long enough to
earn the benefits and recognition that comes with receiving an honorable discharge.
But seriously, this report by the AP is massively lacking in details that matter to people who are capable of more than just emotional responses.
Having been immersed in this aspect of the Army for my entire service, I'm going to call BS on the hyperbole and unsubstantiated claims of wrongdoing
and secrecy surrounding the separations.
See, it's absolute bullsh*t to claim that these Soldiers were discharged without being told, and I'll be kind enough to quote you from AR
635-200(1-15)(a) & (b):
A substantial investment is made in training persons enlisted or inducted into the Army; therefore, this general
guidance will be considered when initiating separation action.
a. Unless separation is mandatory, the potential for rehabilitation and further useful military service will be considered by
the separation authority; where applicable, the administrative separation board will also consider these factors. If separation
is warranted despite the potential for rehabilitation, consider suspending the separation, if authorized.
b. Adequate counseling and rehabilitation measures will be taken before initiating separation action against a Soldier when
the reason for separation so specifies. An alleged or established inadequacy in previous rehabilitation efforts does not
provide a legal bar to separation.
As you can see, "potential for rehabilitation" will be considered where appropriate, and "counseling and rehabilitation measures will be taken
before initiating separation action
." These Soldier are lying about not being notified about the proceedings.
Also, and of very worthy note, ALL SOLDIERS have a right to have their administrative-discharge heard before an administrative board--the Soldier must
waive that right if they do not want to go before a board, meaning that they know full well that there are discharge proceedings happening on them.
This is all a bunch of BS, and you fell for it. If you have any questions from someone who actually knows what they're talking about concerning
Administrative Discharges and the process involved, feel free to ask me, and if I don't know off of the top of my head, I'll be happy to look it up
and let you know where the answer lies--in the actual Army regulation, not an AP article.
edit on 6-7-2018 by SlapMonkey because: posted an