They can't give you a Chapter 10, you chose chapter 10 to be discharged in lieu of a court martial. I guess if you are guilty of whatever they accusing you off and you know for sure that you will get convicted, then you have to weight your options. Either UOTH or less discharge through court martial with the whole Federal conviction in your record, Court Martial can not discharge you, you do confinement or whatever and then the commander can still discharge you afterwards.
The other option is chapter 10 and the UOTH, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record during the current enlistment. Now, if you request Chapter 10, Keep in mind that you will not get med boarded out..you will not get any separation benefits, and if it's UOTH you will lose your VA benefits as well.
Now, chapter 10 is considered voluntary separation...so you will never be able to sue for wrongful discharge, you will never be able to get anything through the courts.
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Good luck with this dilemma
