Chapter 10 discharge from the army. Chances and help with approval.

[allieemae]

California/Washington

My fiance is currently facing a court martial and is requesting a chapter 10 discharge in lieu of court martial. I want to know what the chances of this being approved are and what we can do as far as documentation goes to get this approved. He had gone AWOL at 19...5 years ago but turned himself in. They have been telling us for the last 5 months that he is being processed out and at the final stage of paperwork they decided to court martial him. He has a history of PTSD due to his childhood and was not in a good mental state when he did leave. I currently am doing whatever I can to survive but I also just had our child by cesarean 10 days ago and he hasn't even seen him. I'm scared if he ends up serving jail time, that I will not be able to survive with the two kids. I was wondering what the chances are of his chapter 10 being approved and if they is any advice on what we could to or add to his packet to help with the approval.

 

[Shadowbunny]

California/Washington

My fiance is currently facing a court martial and is requesting a chapter 10 discharge in lieu of court martial. I want to know what the chances of this being approved are and what we can do as far as documentation goes to get this approved. He had gone AWOL at 19...5 years ago but turned himself in. They have been telling us for the last 5 months that he is being processed out and at the final stage of paperwork they decided to court martial him. He has a history of PTSD due to his childhood and was not in a good mental state when he did leave. I currently am doing whatever I can to survive but I also just had our child by cesarean 10 days ago and he hasn't even seen him. I'm scared if he ends up serving jail time, that I will not be able to survive with the two kids. I was wondering what the chances are of his chapter 10 being approved and if they is any advice on what we could to or add to his packet to help with the approval.

Here's a good read on Ch 10s: http://www.knox.army.mil/sja/documents/Adlaw/Chapter_10.pdf

As far as what he can do to improve his chances of the Ch10 being approved, he needs to be listening to his Trial Defense attorney. They have the experience to guide him.

 

[OHRoadwarrior]

Honestly, you should have considered the financial outcome 2 children ago. It is a bit late to be claiming hardship for a situation you put yourself in.

 

[allieemae]

He is working with his trial defense attorney and doing everything he has said. I was hoping to find some stories of experience or chances. Trying to find out what his chances are of actually being approved.

 

[allieemae]

Honestly, you should have considered the financial outcome 2 children ago. It is a bit late to be claiming hardship for a situation you put yourself in.

We had figured out financial outcome before this came up. It was a misunderstanding and he didn't even know he was AWOL and he turned himself in as soon as he found out and he then lost his job for being gone too long. Please get a full story before you criticize someone.

 

[OHRoadwarrior]

We had figured out financial outcome before this came up. It was a misunderstanding and he didn't even know he was AWOL and he turned himself in as soon as he found out and he then lost his job for being gone too long. Please get a full story before you criticize someone.

Then by all means explain how he didn't know he was AWOL. It is certainly pertinent to the question.

 

[Proserpina]

We had figured out financial outcome before this came up. It was a misunderstanding and he didn't even know he was AWOL and he turned himself in as soon as he found out and he then lost his job for being gone too long. Please get a full story before you criticize someone.

With all due respect, how did he not know that he was AWOL?

 

[allieemae]

With all due respect, how did he not know that he was AWOL?

He was young and dumb and got in some trouble and he was told by a judge that he would not be allowed in the army anymore and so he left. His mother called a recruiter a few yrs after and he said that he had received a dis honorable discharge. Something got messed up somewhere.

and thank you for asking questions before jumping to conclusions.

 

[OHRoadwarrior]

He was young and dumb and got in some trouble and he was told by a judge that he would not be allowed in the army anymore and so he left. His mother called a recruiter a few yrs after and he said that he had received a dis honorable discharge. Something got messed up somewhere.

and thank you for asking questions before jumping to conclusions.

Jumping to what conclusions? His stupidity? A local judge can not break an enlistment in the armed forces. The thing that is messed up is him. He just stopped going to the service one day. Of course he a AWOL.

 

[allieemae]

Jumping to what conclusions? His stupidity? A local judge can not break an enlistment in the armed forces. The thing that is messed up is him. He just stopped going to the service one day. Of course he a AWOL.

He was still a child...he did not fully understand...he does now and is righting his wrong by going back and also by admitting he was guilty by requesting a chapter ten. I thought this was an advice site, since when are insults considered advice?

 

[OHRoadwarrior]

He was still a child...he did not fully understand...he does now and is righting his wrong by going back and also by admitting he was guilty by requesting a chapter ten. I thought this was an advice site, since when are insults considered advice?

He was 19. He was an adult. It is unlikely he will be able to get anything other than an "other than honorable discharge". This is a admitting to a Federal crime. The stigma will likely follow him his entire life. I was not insulting him. I was stating a fact. You are the one who called him a child.

 

[Proserpina]

He was still a child...he did not fully understand...he does now and is righting his wrong by going back and also by admitting he was guilty by requesting a chapter ten. I thought this was an advice site, since when are insults considered advice?

Okay, this is obviously what he's told you. I suspect the reality might be quite different. And, he wasn't a child.

This is a forum for legal information - it's really not aimed at emotional support.

 

[allieemae]

He was 19. He was an adult. It is unlikely he will be able to get anything other than an "other than honorable discharge". This is a admitting to a Federal crime. The stigma will likely follow him his entire life. I was not insulting him. I was stating a fact. You are the one who called him a child.

we really dont care what he receives just so long as he gets home and doesnt have to serve time. With the chapter 10 he does admit guilt but he will not have the crime on his record. I just want to know anything about chapter 10s and what has been approved and for what reasoning. I want to know if his reasonings for request will be accepted or not. I want to know if i can have hopes or if he will end up at court martial and possibly serving time.

 

[Proserpina]

we really dont care what he receives just so long as he gets home and doesnt have to serve time. With the chapter 10 he does admit guilt but he will not have the crime on his record. I just want to know anything about chapter 10s and what has been approved and for what reasoning. I want to know if his reasonings for request will be accepted or not. I want to know if i can have hopes or if he will end up at court martial and possibly serving time.

Hon, we really can't guess.

We can't make predictions here. This is something he needs to be discussing with his attorney.

 

[allieemae]

Hon, we really can't guess.

We can't make predictions here. This is something he needs to be discussing with his attorney.

his attorney says he has a good chance. But i just though maybe if i knew some other stories i would know a little more of if it might be accepted