End of MEB/misconduct

hopes&dreams15

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I am a 1LT (probationary officer) with 3 YOS. I am going through a MED board. I received my ratings, signed my 199 and I am now waiting to be put on the transition list next week. Unfortunately for me, I also just received a counseling for testing positive in a UA. My chain of command enrolled me in ASAP and I also just had my initial interview with CID for the investigation. They informed that this wil put a hault to the IDES process. However, my lawyer said it cannot stop my process until they officially take some type of action of separation. In the counseling it stated I will be recommended for UCMJ action and/or GOMOR but that the CG has the unltimate decision. I know I don't have the right to a board since I am a probationary officer. I also know that my ETS date will be 90 days from when I receive it. Now, knowing that my MEB will not be put to a hault unless the CG signs a form taking action, is it possible I could ETS before this whole thing goes down? As soon as I was counseled I assumed my MED board was automatically put on hold. But when I spoke with my lawyer about what was going on, he advised me to just "run for the door". this seems a bit sneaky but this is what he is telling me I should try to do. Is this good advice?? To just let everything run its course and just hope for the best?
 

Smoke7

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It depends on how your unit wants to play it. You can try to run for the door and hope you get your clearing orders and get out without them doing anything. BUT if your command pushes it to the CG quickly and he decides to stop your IDES then you will be stuck dealing with that from your choices. So the only thing you can hope for is your unit or the CG just saying screw it and let you finish clearing and be out.
 

hopes&dreams15

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It depends on how your unit wants to play it. You can try to run for the door and hope you get your clearing orders and get out without them doing anything. BUT if your command pushes it to the CG quickly and he decides to stop your IDES then you will be stuck dealing with that from your choices. So the only thing you can hope for is your unit or the CG just saying screw it and let you finish clearing and be out.
Is it possible they could make a decision before my investigation is complete? I know the CG can do what he wants whenever he wants but would he actually just sign off on something without reviewing the findinfo on my case?
 

hopes&dreams15

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Also, from my understanding and from heresay of past situations, it sounds like the average time for the misconduct process could take about a year. That's what I'm going off of right now. If that is correct, I could ETS way before then?? Is that average time true?
 

Smoke7

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If you are facing UCMJ then your ETS doesn't matter. The CG most likely wont sign anything without all the facts, but he can either decide to let you finish MED board and get out, or he can pause it till he gets those facts and then make decision. It could go either way depending on him. Like I said they might decide to just have you clear and be done so they don't have to deal with it, or if he is strict on drugs then he could go the other way and stop it then UCMJ and chapter you instead. So again hope for the best with them to just want you gone and not wanting to deal with it, but be prepared to be face the consequences of you wanting to do drugs before being out and getting chaptered instead. (Guessing it was illegal drugs, because if it wasn't then you wouldn't be worried)
 

Almost_Separated

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It really is all up to the commander to pursue this or not. I had an administrative positive UA last year because I didn't provide a sample, but my commander was merciful and decided to not pursue it.
 

hopes&dreams15

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If you are facing UCMJ then your ETS doesn't matter. The CG most likely wont sign anything without all the facts, but he can either decide to let you finish MED board and get out, or he can pause it till he gets those facts and then make decision. It could go either way depending on him. Like I said they might decide to just have you clear and be done so they don't have to deal with it, or if he is strict on drugs then he could go the other way and stop it then UCMJ and chapter you instead. So again hope for the best with them to just want you gone and not wanting to deal with it, but be prepared to be face the consequences of you wanting to do drugs before being out and getting chaptered instead. (Guessing it was illegal drugs, because if it wasn't then you wouldn't be worried)[/
If you are facing UCMJ then your ETS doesn't matter. The CG most likely wont sign anything without all the facts, but he can either decide to let you finish MED board and get out, or he can pause it till he gets those facts and then make decision. It could go either way depending on him. Like I said they might decide to just have you clear and be done so they don't have to deal with it, or if he is strict on drugs then he could go the other way and stop it then UCMJ and chapter you instead. So again hope for the best with them to just want you gone and not wanting to deal with it, but be prepared to be face the consequences of you wanting to do drugs before being out and getting chaptered instead. (Guessing it was illegal drugs, because if it wasn't then you wouldn't be worried)
okay. Thank you for your input I really appreciate it.
 

hopes&dreams15

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It really is all up to the commander to pursue this or not. I had an administrative positive UA last year because I didn't provide a sample, but my commander was merciful and decided to not pursue it.
I see. So it's on my battery commander to push it up to the CG? Do you know how long it could sit on the CGs desk?
 

Almost_Separated

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I see. So it's on my battery commander to push it up to the CG? Do you know how long it could sit on the CGs desk?
I have no idea how all of this works in a different branch. I am Air Force and it took my commander about 3 weeks with going back and forth with legal to make a decision to not pursue the matter.
 

hopes&dreams15

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It really is all up to the commander to pursue this or not. I had an administrative positive UA last year because I didn't provide a sample, but my commander was merciful and decided to not pursue it.
I work up in BN so I was counseled by the BN XO while my battery commander and my first line supervisor were in the room as well. BN XO informed me I would be enrolled in ASAP but that the CG has the ultimate decision on what to do with my case. Are these just necessary steps in this process or is this my commander going out of his way to pursue this?
 

Smoke7

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You being counseled, put into ASAP, and the rest is mandatory steps, because it is seen by the CG and PCSM on who fails UAs. Now with you having orders to clear in few days/weeks then it will most likely be brought up to the CG sooner than later. But again you might get lucky and have your orders in hand and clear before it gets to him, but that is a big IF.
 

hopes&dreams15

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Thank you for the responses! How long do they have to officially decide to take UCMJ action or GOMOR? I know they are required to "start" the separation process, but is there a time line as to when they need to make a decision?im trying to gather a time line that all this could happen and I officially out process the army.
 

Smoke7

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I can't answer that question. That would be something your legal rep can answer for you on that one.
 

hopes&dreams15

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So I just got a call from my PEBLO. The commander called her this morning and informed her about what was happening. She was very simpathetic about the whole thing I think because she knows the kind of person I am. I told her my side of the story and she suggested that I write a letter to the CG explaining what happened and that she could attach it to my MED board packet that will be sent to him along with the other packet.
After thinking about it, it seems like a good idea. Since he makes the call, it seems like if I should tell anyone my side of the story of what happened, it should be him, right? He's going to do what he wants anyways but if anyone should have my story (such as the CID or my commander) it should be the CG. Should I go forward with writing this letter to attach to my packet?
 

gsfowler

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I'd talk to soldiers counsel before answering any questions or writing anything.
I second this. There is nothing you can provide them except evidence to be used against you. You were tested, you failed, end of story. The rest are details for a lawyer to figure out.

From the moment you were counseled, you should have stopped talking and let a lawyer talk for you.
 

hopes&dreams15

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Okay thanks for the advice. Does anyone know how long it will take for my packet to hit the CGs desk? If I was counseled on mar29
 

jahlon

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There's no way to tell how long it will take, as there are too many variables.

But, if your CC has called your PEBLO, chances are its on his desk, or about to be on his desk which is why he contacted the PEBLO.
 
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