I am currently being chaptered out of the army for UA failure. I also am in ASAP. If I fail ASAP along with the chapter in progress what will happen to me?
The command will have to choose which chapter to go with, but most likely they will go with the UA failure.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
The command is trying to discharge you regardless of your ASAP completion. If the command has provided you separation paperwork there will be the basis for which the command is justifying your involuntary separation, and the characterization of service they are recommending. Depending on how you answer the separation paperwork you will get a board to contest your separation. Take advantage of a free consult from any of the military lawyers who answer your post, and go to TDS.
ASAP failure may not be significant. But, your DD 214 may show misconduct as reason for separation, and there will also adverse annotations.
DISCLAIMER: This information is intended for public and educational use only, it does not form an attorney-client relationship and it is not intended as legal advice. Nothing replaces a confidential consultation with an attorney. This communication may be considered attorney advertising. Do not post any privileged information, instead contact an attorney directly.
The command will likely pursue chapter for misconduct for the failed UA. Make sure your appointed defense attorney checks to see if the command includes the UA that is coded for your ASAP test because doing so is improper under the regulation (if they are are separating you for misconduct). This is known as "limited use" evidence and cannot be used for the misconduct chapter. I would not advise that the attorney corrects any such deficiency- including limited use in the packet for misconduct gives you an excellent shot at a discharge upgrade later. Best of luck.
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