There are several questions in your request. Let’s look at them as a separate question.
1. Concerning an involuntary separation:
A Chapter 5-8, Involuntary Separation Due to Parenthood is an involuntary chapter, that is initiated by the Command, not at the request of the Soldier. The vast majority of Soldiers who are separated under this chapter are given an honorable discharge, unless they have some other negative counselings that would warrant a General Discharge.
Extract of AR 635-200
Paragraph 5-1, AR 635-200 governs the characterization of service for this type of separation. Para 5-1 states, “a. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.
b. No Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. Such characterization is normally inappropriate for Soldiers separated under the provisions of paragraphs 5–4, 5–11, 5–12, 5–15, 5–16, or 5–17.”
5-8 is not specifically listed, but paragraph be b. requires notification of the reason for the less than honorable discharge.
2. Administrative Separation Board and Administrative Reduction Board are two separation actions
An administrative separation board is different than an administrative reduction board. You are entitled to have your case heard before a separation board if you have over six years of federal service. The six years includes delayed entry time, reserve active and inactive time, and active duty. You can waive the right to a separation board but do so only on the advice of legal counsel. Once you receive notification of the separation proceedings you are entitled to speak with Trial Defense Services. DO NOT WAIVE that right!
An administrative reduction board can only be used for poor duty performance. It cannot be used for an action that is punishable by UCMJ. The only time I have seen a command not give a Soldier an honorable under a Chapter 5-8 is when the Soldier has other misconduct or negative counseling statements. or, the command felt the Soldier was trying to work the system to get separated for not having a Family Care Plan. Only you know the answer to that.
I would encourage you to think about:
a. working to achieve a valid family care plan
b. get all of the facts and information concerning your case together. Organize them appropriately and then prepare a summary document you can show JAG so they can assist you in developing the best possible course of action.
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Authors: Note the majority of this post was provided by our Legal SME ECK! Once again ECK you rock thanks for all you do to support the troops and uphold the standard!
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