This is rather simplistic, but is it possible for me to request a separation from the Army National Guard based on 1. Not receiving pay for at least 2 documented drills 2. Attempting to place me on AWOL status although I had overwhelming proof I was NOT at any time AWOL 3. NOT providing me with any unit support to include (finance issues, contact information, getting me to my drills, etc) ?
Thanks for the chance to assist.
A better route to solve this is to request an audience with your commanding officer. He or she can solve these issues. If the commander refuses the next step would be an art 138 complaint. More info here
as for separation. You can request an administrativ separation fom tha command. But this request would be up to the commander to approve or deny. That is why it's better to try and fix the issue first.
I my only other concern with the Article 138 (excellent suggestion as the article is correct, I had no clue this was available to me), is the blow back from the unit. I have never attended a drill with this unit, although I have been assigned to them since May 2008. I requested IRR status when I was sent to Afghanistan as a contractor (this is when the chain of command I had been exchanging emails for nearly a year attempting to resolve my drills sent word, through another NCO, that I was being considered for AWOL status), it took an O-6, a civilian friend, and a JAG Officer to get the unit to even consider removing me from AWOL consideration. My clearance was in jeopardy and I was still overseas. Finally, after almost five months I was granted IRR status. Recently I was attempting to resolve a very simple finance issue (I need to pay something back to the Army) it has been 2 weeks, 10 emails, and me calling DFAS directly for the issue to get resolved. In short, I am just concerned they have already painted me as a problem Soldier, although this is nowhere near the case, and will continue to ignore any requests/complaints/etc.
Yes, I agree that it can be easy to get the label "problem soldier" and once you get that, its tough to get out from under it.
Still, if your options are fix the mess or get out, and I assume you want out with good paper, then the best way to approach is to try and work with the command.
Understand the 138 is a last resort...you really must try and resolve with the command prior to launching a 138, since a 138 complaint is basically you saying the commander has wronged you.
As I said, there is not an easy way out. If you want to get out prior to your eas, you need an administrative separation
There are 2 types of Administrative Separations...Voluntary and Involuntary. You want, if at all possible, voluntary. If you can fit your circumstances into a voluntary separation you will typically rate an honorable separation.
Some examples of reasons for voluntary separation include:
Early release to further education
If you can not find a voluntary separation reason that fits your circumstances, I would urge you to finish your term, since if you attempt an involuntary separation, this will typically result in a less than favorable characterization of your discharge, a loss in veterans benefits and difficulty going forward in a job search. Still, if you can not find a voluntary separation that fits, you can look closely at the different involuntary methods, as one or more may apply
Either way it is very important that someone in your command is "on your side" If there is a Staff NCO or better who can speak to the command on your behalf this will help quite a bit. In the end it is the Commanding Officer who will likely make the decision whether or not to discharge you and if so, how. You want someone in the command who can advocate your case.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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