Old Chief,
A few questions and statements.
1. The lowest discharge you can get for not having a family care plan is an honorable discharge. You cannot be given a general under honorable conditions. I had to discharge one soldier for not having a family care - he was a good dude, just had a worthless wife who abandoned him and his child and he had no family in the US.
2. Who was awarded custody as part of the divorce? If he has custody part-time, he should be eligible for his BAH. Worst case, he is owed partial BAH and then must surrender that to whoever has custody of his dependent. Bottomline, if you have a dependent, the Army will pay for that dependent's housing. Something isn't adding up here for me.
3. If he had to report in an hour on a Saturday afternoon, that means his unit was probably on DRF-1 and had a very tight recall status. Being late is a very big deal. As a commander, I'd give him an article 15 for being late to an alert recall formation despite his situation. However, in and of itself, you cannot get a pattern of misconduct discharge processed on only one article 15 (one is not a pattern). Since he's new to the unit, he would have had to rack up another article 15 somehow for this discharge to be processed.
4. There's no shame for him prioritizing his daughter over the Army. The Army is for 20-30 years, his daughter is forever.
5. If he wants to stay in, he needs to get his FCP together ASAP. You have 30 days from when you receive the written notification that you will have discharge paperwork processed if an approved FCP is not put together within those 30 days. Because of being assigned to the 82nd Airborne, he will need to have someone available to allow him to make alerts on time. Quite simply, if he can't make it for a no-notice deployment, then he's not of any value to the unit. It sounds harsh, but I'd want a guy that I can count on to deploy and not someone that I have to take extra time all the time. As a temporary thing, no problem, but as a long-term thing, not going to do it.
My guess is that there's more to the story than what you are getting. Maybe he just had a bad day when he first arrived to his unit and therefore stepped off the wrong foot, but I've always seen good soldiers given the benefit of the doubt. For some reason, from what you've portrayed, he's not getting that. In any case, I'd have him do the following:
1. Contact his old chain of command and see if they are willing to contact his current chain of command. An old PSG or 1SG calling his current PSG or 1SG will go a long way in demonstrating that his soldiering skills are worth keeping around if he can get his FCP together.
2. Contact the admin law section at Bragg. They can explain the decision to take away his BAH and write him a statement that he can take to his PAC if he is authorized to still receive his full BAH. They can also advise him on his family care plan as can Army Community Service. I know that Fort Lewis had a specialist at ACS whose sole job was to assist soldiers with FCPs. His chain of command should provide him time to do this. He can also see if JAG has Saturday hours - Fort Lewis always had reserve units doing their weekend "drill" by working the JAG office on Saturdays to allow those that couldn't break away during the week to get legal assistance.
3. If he doesn't get satisfactory answers from above, tell his chain of command that and that he is going to IG to see if they can get answers for him. They cannot deny him the right to go to IG, but going to IG without telling his chain of command doesn't help you since it shows that you don't trust your chain of command to get you an answer.
4. Worst case scenario, he can contact his Congressman. However, I've never seen a case where this does anything other than alienate you further from the chain of command. A Congressional sets off alarms all the way up and down the chain of command and commanders must reply ASAP to them. Personally, besides being the fact that it would interrupt what I was doing, they were actually very entertaining because the accusations were so laughable. I'd find the applicable regulation, type in the appropriate excerpt, pull quotes from counseling statements, and impart other detailes gathered from the soldiers' chain of command, and send the Congressional back up. I never ever heard anything about it afterwards, indicating that the Congressional staffer was always satisfied with the answer. Bottomline, the chain of command almost always is doing the right thing for the situation and has the evidence to back it up - if he can't get a FCP together in the 30 days, a Congressional won't extend this. However, if he gets one done that the ACS guy/gal says should be good and his commander says no, then that would be a valid Congressional once the IG route has failed.
I hope this helps, but I get the feeling that there's part of the story that is missing. I just can't see a chain of command not helping a soldier out if he is a stud. Good luck.
<img src="http://www.lewis.army.mil/transformation/stryker_c130/images/ICV_0090.jpg" border=0>
|