I don't want to get out of the Army, but my company leadership is trying to kick me out because I failed 5 tests in school. I already talked to the attorney here and he was no help. I need to talk to my command sargent major and lieutenant colonel to try and convince them to not kick me out. What can I do to help my case and not get kicked out?
You probably need to speak to a JAG about such matter or an attorney who practices in that area. Meanwhile you might be out there every spare minute practicing for the tests so someone might think you worthy of retesting. Good luck and thanks for your service. NEVER EVER QUIT!
Well it depends on the circumstances, but I'd say if you failed FIVE tests of any importance you're going to have a rough time ahead. If it's in your MOS you may need to reclass at least. IF these tests were in a military school I'd say that given the downsizing optempo you'll likely be looked at for separation.
More info is needed; what is the excuse for failing FIVE tests? That's a lot of failure... is there some personal struggle that your leadership needs to know about like a death of a close relative or heavy work obligations preventing you from studying?
You'll need a lawyer, truthfully. They are free on base at Legal Assistance or you can hire one. Good luck.
You will be served with the proposed separation, and given an opportunity to respond. But given that you are in AIT, all you get is a written rebuttal, which is unlikely to dissuade your command.
Jeffery Charles KingCriminal Defense AttorneyDallas, TX ·
Administrative separation is a formal process. You will be served with documentation notifying you of the basis for separation and recommended characterization of service. Unless you have served 6 years active duty, you will not have the right to a board. Your only option is to submit documentary evidence that you should be retained. If you are being recommended for an Honorable characterization as a student in AIT, that is not a bad outcome for you. In any case, you can always hire an attorney to assist you with rebutting the decision.
If you were at a service school when you failed the five tests and your command is seeking to administratively discharge you, then presumably you have already been dis-enrolled from the service school and not otherwise re-instated? If this is the case and you provided a response during the dis-enrollment process, recommend you provide all of the information you have regarding that to any military attorney from the Trial Defense Service or Legal Assistance Office assigned to assist you in the administrative separation action. Be aware that, if you were dis-enrolled from a service school, you likely have a certain, LIMITED amount of time to appeal that dis-enrollment. Particularly if dis-enrollment from a service school (due to the failed 5 tests) is the only basis for the proposed administrative separation, you could fight that separation perhaps most effectively by successfully fighting the dis-enrollment - as much of an uphill battle as that may well be. Time is of the essence if this is indeed the case, so recommend you talk with an attorney soonest.
