14-12c Chapter in the Army

January 11, 2025

A 14-12c chapter in the Army is governed by AR 635-200, paragraph 14-12c. Another name for a 14-12c chapter in the Army is "commission of a serious offense." Essentially, this provision of AR 635-200 permits a a Soldier to be separated from the Army for committing a serious offense, defined as: "a serious military or civil offense if the specific circumstances of the offense warrant separation and a punitive discharge is or would be authorized for the same or a closely related offense under the MCM." While not all inclusive, the following serious offenses are specifically listed:

AWOL or Desertion
Abuse of illegal drugs
Sexual Offenses, including Rape, Sexual Assault, Abusive Sexual Contact, Indecent Exposure, Sexual Harassment, and Revenge Porn
Recruiter Violations

While those offenses are specifically listed, Soldiers can be separated through a 14-12c chapter in the Army for numerous offenses, as long as the same or similar offense is punishable by a punitive discharge under the provisions of the Manual for Courts-Martial. Common offenses that qualify as "serious offenses," in addition to those listed above, include:

Domestic Violence
Assault
Driving while Intoxicated
Dereliction of Duty
Disrespect
Violation of a Lawful Order
Maltreatment
False Official Statement
Fraud/Larceny/Theft
Reckless Endangerment
Communicating Threats
Extramarital Sexual Conduct (Adultery)
Fraternization

Unlike a chapter action for a pattern of misconduct, a 14-12c chapter in the Army does not need to include any previous counselings or rehabilitation efforts. The alleged commission of a serious offense, without any history of misconduct, can still result in separation.

Any Soldier facing a 14-12c chapter in the Army will receive a formal initiation packet, including all evidence against him/her. If the Soldier is recommended for an other than honorable discharge, or if he/she has more than 6 years of service in the Army, then the Soldier in question cannot be separated without being afforded the right to appear before a separation board. A separation board is essentially a one-day mini trial, where the accused gets to be represented by a lawyer and present witnesses/evidence to demonstrate his/her evidence.

A Soldier facing a 14-12c chapter in the Army who is not recommended for an other than honorable discharge and has not served for 6 years is not entitled to appearance before a separation board. Regardless, a Soldier in this situation can submit a written rebuttal, which can include additional evidence, either demonstrating the innocence of the accused or presenting mitigating/extenuating information.

Any Soldier facing a 14-12c chapter in the Army can receive legal assistance from Trial Defense Services (TDS); however, they are likely to be inexperienced and overworked. A Soldier in this situation can retain a Civilian Lawyer, which allows a Soldier to chose a lawyer with a proven track record of success and high-quality reviews from former clients, which increases the chances of retention or a better characterization of service upon discharge.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Soldiers accused of misconduct.