Can I be seperated under Chapter 5-8? | RallyPoint (2024)

I am fairly new to the army. I have my rank due to having a college degree, not because I earned it through time. I've been in for approximately 2 years now and have been assigned to my unit for 1.5 years or so. I am concerned my unit is looking to involuntarily separate me due to being pregnant and am unsure how to proceed. To provide a background I will tell you my unit has been less than helpful since day one. I was denied permissive tdy (I think this is the correct spelling), which is fine. I understand that is something extra. I figured it would be applicable to me trying to get the sale of my home finalized along getting my car shipped out as my first duty station was OCONUS. I was very wrong. My unit basically told me I should've gotten that completed somehow on the Saturday and Sunday I had between graduating AIT and my flight out to where I'm stationed. You may ask why I didn't just try to use my vacation time for this. I made the mistake of allowing myself to be put in the red for vacation time. I was told in BCT that if I wanted to see my spouse over Christmas block leave it was necessary to go in the hole 5 days and that I could not elect to only use the vacation days I had. My car was not able to be sent out prior to me graduating AIT as my husband needed it while I was in AIT so that he could pick me up and take me home for a day or two to say goodbye to my family. Also, port is in California and we were not. My AIT was in Texas. There would have been no way with the timeframe provided for us to drive from Texas to California and then somehow hop on a plane from California to home within that three days. There was also no guarantee that I'd graduate on time as well so there was a potential that the money spent on a plane ticket would have been wasted. Anyways, after quite a bit of push on my side they finally were able to use the 3 days I'd accrued to send me home to get my car sorted and my home sold. I ended up paying 1500 to have it shipped out to where I'm at. I found out I was pregnant for the first time a few months into getting to my first duty station. My husband and I were thrilled. We had been trying before I got in and I joined assuming we were genetically incompatible and couldn't have kids. To say the least I was genuinely surprised and elated. I advised my unit of that information as soon as I found out as I'm required to do so. I got negative pushback and quite a bit of it. Understand, I'm older and getting to that do or die age with regards to fertility. I don't have 4 years to wait to have kids anymore otherwise I would have. Fast forward to the birth of my son and long days of working 0615 to 1500 or 1600 in the final trimester of my pregnancy. I get back and find out I'm pregnant again, which means our method of birth control failed. My unit is unaware that we were using protection, but frankly that's not something I'm going to discuss with them. I'm elated for baby number 2. I'm already looking at my spouse getting a vasectomy. Hormonal birth control makes me very sick and trying to get the time for an IUD to be installed is very difficult as my platoon is not supportive of dr appointments and they make me feel guilty every time I have one. I've had quite a few due to the pregnancy along with my recent diagnosis of an almost fully ruptured tendon. I've been put on permanent profile for the tendon rupture. My squad leader just got back today and was advised of my pregnancy before she left for an FTX. She completed my monthly counseling today and specifically put in details about a family care plan being needed, which I advised her is inaccurate due to my being married and us not being dual military. I was also counseled about how I can be involuntarily separated from the army, even if I'm pregnant, should there be issues that arise because I am a parent. I also received as part of my counseling that my military appearance and bearing need to be improved, but there is no action plan or details. The wording was very sparse with no specific details. It just stated needs improvement. She told me I'd been spoken to about my appearance. I was unaware that the dirt here permanently stained uniforms. I thought it'd come out of my top after I washed it, but I was wrong and the Sgt in charge of me advised me of such. No big deal, I retired that top from my wardrobe. I was also told that I haven't really soldiered much and that we're in red phase, which I don't fully comprehend what that means. I think we've been in red phase since I got here. She advised me I can't go to FTX because I'm pregnant, which coincidentally enough is also part of the requirement for an involuntary separation due to parenthood. I reminded her that I can do field training exercises up until 20 weeks. She stated that as I can't get into a military vehicle and cannot wear my IBA I cannot. I found it peculiar that my monthly counseling specifically stated that they can separate me involuntarily, along with a negative counseling for military appearance/ bearing, which included no action plan. Am I being paranoid over nothing? Do I need to talk to legal? How long can it take for her to build the proper paper trail to involuntarily separate me due to parenthood? I'm never late. I give my requests for appointments in a timely manner. I am not looking to get chaptered out. I also don't want to be sent home with no means of supporting myself. Getting work when visibly pregnant is near to impossible. I also read that they'll require me to pay back my bonus if I'm separated, but no one can confirm or deny that for me. I'm not sure what to do. Any advice? Should I go to IG?

SFC (Join to see)

You can't be separated for being pregnant. First, it's illegal to fire someone for being pregnant. Second, pregnancy is a voluntary separation. As you stated, you are not required to have a family care plan, though it is encouraged, so you cannot be separated for family care plan.
It sounds like you have an overzealous leader who is reading into separation regs too much. If you sit down with JAG they can explain how difficult it is to separate someone based on non-specific counseling statements, and that should ease your mind a bit. It's difficult enough to separate who are flagged, failing APFT and ABCP. If you aren't receiving UCMJ, counseling from the CDR/1SG, flagged, or barred from reenlistment, I would say your job is safe.
Also, yes you pay back the prorated portion of your bonus if you're separated for pregnancy because it's a voluntary separation.

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CPT Lawrence Cable

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SGM Bill Frazer

1. Any married person needs a family care plan- regardless if spouse is dual service or civilian- it lets the service KNOW that they is someone TASKED is care for the child- instead of being told the you can't deploy at the last minute.2. IT is NOT illegal to fire someone over pregnancy- if it keeps you from meeting the standards of the job- they can "lay you off"- ask any civilian company. For the military the COS and the ACOS are pushing to have non-deployable folks sent home. Last I checked right now, it is voluntary for pregnancy- who knows about tomorrow. 3. Regardless if this SL builds a trail or not- it will take several layers of command to see it a finished deal, and during that time you can take those recommendation to JAG for advice- just like the Command will have to.

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