Indiana Chapter 12 Discharge
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How to fill out Indiana Chapter 12 Discharge?
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FAQ
The Chapter 12 Discharge Those creditors who were provided for in full or in part under the plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations. Certain categories of debts are not discharged in chapter 12 proceedings. 11 U.S.C.
(3) The Soldier commits a single act of "serious misconduct" (paragraph 14-12c) "serious misconduct" is an offense which could be punished by a punitive discharge under the UCMJ.
Chapter 12 permits discharges for five types of misconduct: (a) minor disciplinary infractions; (b) pattern of misconduct; (c) commission of a serious offense; (d) abuse of illegal drugs; and (e) civil conviction.
A pattern of misconduct is a pattern of more serious infractions that includes two or more discreditable involvements with civil and/or military authorities or two or more instances of conduct prejudicial to good order and discipline within one enlistment.
A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.
Pattern of Misconduct The pattern may consist of: Discreditable involvement with military or civil authorities. Conduct prejudicial to good order and discipline. Failure to support dependents.
First-time drug offenders below the grade of sergeant, or with less than 3 years of total military service, Active or Reserve, may be processed for separation upon discovery of a drug offense (14-12c(2)(d)).
If the Soldier in question is pending separation under AR 635-200, paragraph 14-12c (commission of a serious offense), he/she can request to be retired instead of being separated. The Secretary of the Army is the approval/denial authority.
What Is Misconduct in the Military? Misconduct may be grounds for the involuntary discharge of a service member characterized as, "under other than honorable conditions." A general condition may be granted for cases involving minor misconduct, but this is rare.
