Based on the sentence a reduction to paygrade E-1 is automatic by operation of law, regardless of whether or not the judge/members imposed a reduction.
858a. ART. 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL
(a) Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in pay grade above E-1, as approved by the convening authority, that includes--
(1) a dishonorable or bad-conduct discharge;...
No board rerquired.
A Chapter 10 is given after a request by the accused pending court-martial as a means to escape court-martial and the possibility of a trial, conviction, and sentence.
Frankly the quicker it's done the better to avoid a government change of mind and the occasional new charges that crop up.
Yes, he can tell that to the judge. As a sign of intent to rehabilitate and get some discipline and direction in his life.
BUT whether or not they will enlist him is a different issue.
If he's convicted of something he may not be eligible to join.
Long gone are the days when a judge could give a person the option of joining the military or going to jail.
Go the the Legal Assistance Office at the Staff Judge Advocate Office on post at Fort Bragg.
They will give free initial advice and may help with some of the papers.
They deal with this issue all the time. Both the member and a "dependent' of the member are entitled to those free legal services.
I'm not sure if the LO at Bragg also has a program through the ABA/State of NC for an exception to representation in court, some states do.
If the attorney is working on the case, and certainly discussing the case with opposing counsel is case related then the lawyer can charge for that, so long as you are not on a flat fee agreement.
Perhaps you should discuss with the attorney. We all of us excercise some discretion at times.
You have a requirement to support your family.
Each service has rules on how much support must be given. This is especially true when there is BAH being paid.
If you are separated by written agreement that raises a different point, and the military follows what's in the agreement..
Failure to properly support your family iis potentially a reason for discharge and in some cases court-martial.
This sounds like you were caught up in the TCS Task Force cases? Did you do a Chapter 10?
You can petition the Army Discharge Review Board for an upgrade in the discharge. Success will depend on being able to "prove" a lack of fraud. If this was a Chap. 10 OTH that's going to be a factor against you.
DFAS position doesn't help. By statute DFAS cannot remit a debt if there is fraud involved.
You may already have a problem with your insurance company.
Most insurance contracts require you to report an accident within a certain period of time, often 24 hours. A failure to report the accident could cause rejection of a claim.