Expert: Cynthia Bedell - 2/27/2008

Question
I am currently an E-4 in the Army. At this time I am being thrown through a ringer. As of March 2006 I have been inactive with active duty status. It seems my chain of command forgot I existed. The last time I PTed in a unit was in March of 2006. How this all happened: I was going through Special Forces training and realized it was not for me, so I was put into replacement until they found a unit to put me in. I went from the 2-325 Alpha company to the 1-504th. This was the last unit I was in...for some reason they put me on what they called standby. I was told that I needed to check in once a week by phone to them, in doing this I got tired of not doing anything with the military, so my wife and I with verbal permission from a SGT went home to Texas for a visit. All I was told if called was I needed to be back within 48 hours. Since I was never called we stayed awhile. We did go back to my duty station and the same thing occurred I checked in and they said they would contact me. I checked in a number of times and was never put to work or placed in a unit. My wife got pregnant in May of 2007 so we decided a few months later to go back to Texas to have the baby. The Army had all my contact numbers and everything I was never contacted until December 19th by e-mail to my AKO account. Unfortunately, I only check it sporadically so I did not receive the e-mail to contact a MSG until the 2nd week of January. I then was stupid and decided to wait to contact them due to my wife delivering our son any day. I finally contacted the MSG and I have now been back over a month. They stopped my pay for a month and 55 dollars of the next month and are debating on discharging me. I was at fault just as much as my chain of command was and I would like to stay in the Army and prove what a good soldier I am. If they should choose to discharge me general or better would I be able to join another branch of the military? Or is there a way I can fight this? They left my wife and newborn with absolutely no pay and we are now a month and half behind in bills. Please reply ASAP.

Thanks,
PFC Hughes

Answer
Dear Nathan --

If you want to stay in, fight this now.  Clearly you accepted an Article 15 that busted you back to PFC.  That is unfortunate, because they will now use that to negatively characterize your discharge.

Ask to speak to your Court Martial authority (colonel or brigadier general most likely) explain your situation and tell them you want to prove you are a good Soldier.  Since the Army still needs Soldiers, you should get a chance to prove yourself.  You will be on a bar to re-enlistment and favorable personnel actions until you do prove yourself.  

In the future, do not go anywhere on verbal orders.  As you have  learned, not everyone will act in your best interest.  

You should still be getting your pay, if you have not been discharged.  Where are they sending your pay?  To themselves?

See your judge advocate general at your nearest post and take all your military paperwork with you.  The JAG is best able to tell you how to legally fight a discharge or an Article 15.

Good luck to you.