This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
This decision would be made by the chain of command and would most likely result in another Article 15. I would highly encourage you to check out our YouTube Channel Mentor Military as you may find valuable information there concerning this matter.
The decision to kick the Soldier out of the military would also be a decision made by the commander based on the merits of keeping your son in the Army. Does he have the potential to overcome these issue and become a good Soldier? See extracts of regulation below.
I do provide assistance for Soldiers undergoing an Article 15 if they desire my assistance they should contact me at: Mark.Gerecht@MentorMilitary.com
I would encourage you to read AR 635-200 as it pertains to retaining and retraining a Soldier before you separate them, specifically:
paragraph 1–15. Guidance
A substantial investment is made in training persons enlisted or inducted into the Army; therefore, this general guidance will be considered when initiating separation action.
a. Unless separation is mandatory, the potential for rehabilitation and further useful military service will be considered by the separation authority; where applicable, the administrative separation board will also consider these
factors. If separation is warranted despite the potential for rehabilitation, consider suspending the separation, if authorized.
b. Adequate counseling and rehabilitation measures will be taken before initiating separation action against a Soldier when the reason for separation so specifies. An alleged or established inadequacy in previous rehabilitation efforts
does not provide a legal bar to separation.
c. When deciding retention or separation in a case, consider the following factors:
(1) The seriousness of the events or conditions that form the basis for initiation of separation proceedings. Also consider the effect of the Soldier’s continued retention on military discipline, good order, and morale.
(2) The likelihood that the events or conditions that led to separation proceedings will continue or recur.
(3) The likelihood that the Soldier will be a disruptive or undesirable influence in present or future duty assignments.
(4) The Soldier’s ability to perform duties effectively now and in the future, including potential for advancement or leadership.
(5) The Soldier’s rehabilitative potential.
(6) The Soldier’s entire military record, including—
(a) Past contributions to the Army, assignments, awards and decorations, evaluation ratings, and letters of commendation.
(b) Memoranda of reprimand or admonition, counseling records, records of nonjudicial punishment, records of
conviction by court-martial and records of involvement with civilian authorities.
(c) Any other matter deemed relevant by the board or the separation authority, including specialized training, duties, and experience of persons entrusted by this regulation with making recommendations or decisions on separation
or retention.
(d) Adverse information from a prior enlistment or period of military service only when such information would have a direct and strong probative value in determining whether separation is appropriate.
- This includes records of nonjudicial punishment and convictions by court-martial. Such information ordinarily will be used only in those cases involving conduct repeated over an extended period of time.
- In unusual situations, conduct from a prior enlistment that does not constitute a pattern of conduct manifested over an extended period of time may be considered in determining whether retention or separation is warranted. For
example, a single incident of misconduct occurring in the prior period of service that, by itself, would warrant separation may be considered if the officials in the Soldier’s chain of command neither knew, nor reasonably should have
known of, at the time the Soldier re-enlisted. - Commanders who believe that a Soldier’s case represents an unusual situation within the meaning of this paragraph should request guidance from the Commanding General (AHRC–EPR–F), 200 Stovall Street, Alexandria, VA
22332–0478.
(e) Isolated incidents and events that are rem
Paragraph 1–16. Counseling and rehabilitative requirements
a. General. Army leaders at all levels must be continually aware of their obligation to provide purpose, direction, and motivation to Soldiers. It is essential that Soldiers who falter, but have the potential to serve honorably and well,
be given every opportunity to succeed. Effective leadership is particularly important in the case of Soldiers serving their initial enlistments. Except as otherwise indicated in this regulation, commanders must make maximum use of
counseling and rehabilitation before determining that a Soldier has no potential for further useful service and, therefore, should be separated. In this regard, commanders will ensure that adequate counseling and rehabilitative measures
are taken before initiating separation proceedings for the following reasons:
(1) Involuntary separation due to parenthood. (See para 5–8.)
(2) Personality disorder. (See para 5–13.)
(3) Other designated physical or mental conditions. (See para 5–17)
(4) Entry-level performance and conduct. (See chap 11.)
(5) Unsatisfactory performance. (See chap 13.)
(6) Minor disciplinary infractions or a pattern of misconduct. (See para 14–12a and b.)
(7) Failure to meet body fat standards. (See chap 18.)
b. Counseling. When a Soldier’s conduct or performance becomes unacceptable, the commander will ensure that a responsible official formally notifies the Soldier of his/her deficiencies. At least one formal counseling session is
required before separation proceedings may be initiated for one or more of the reasons specified in a, above. In addition, there must be evidence that the Soldier’s deficiencies continued after the initial formal counseling.
(1) The number and frequency of formal counseling sessions are discretionary. Such factors as the length of time since the prior counseling, the Soldier’s performance and conduct during the intervening period, and the commander’s
assessment of the Soldier’s potential for becoming a fully satisfactory Soldier, must be considered in determining if further counseling is needed.
(2) Counseling will be comprehensive and in accordance with chapter 17 of this regulation and will include the reason(s) it is being administered, the date, the fact that separation proceedings may be initiated if the deficiencies
continue, and other guidance as appropriate.
(3) Each counseling session must be recorded in writing. DA Form 4856 (General Counseling Form) will be used for this purpose.
(4) The Soldier’s counseling or personal records must reflect that he/she was formally counseled concerning his/her deficiencies and given a reasonable opportunity to overcome or correct them.
c. Rehabilitation. Except as provided in d, below, the following rehabilitative measures are required prior to initiating separation proceedings for entry-level performance and conduct (see chap 11), unsatisfactory performance (see
chap 13), or minor disciplinary infractions/patterns of misconduct (see chap 14):
(1) Trainees. Soldiers undergoing initial entry or other training will be recycled (reassigned between training companies or, where this is not feasible, between training platoons) at least once.
(2) Other than trainees. Soldiers not in training status will be locally reassigned at least once, with a minimum of
3 months of duty in each unit. Reassignment should be between battalion-sized units or between brigade-sized or
larger units when considered necessary by the local commander.
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