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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27111
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I just found out that im pregnant and I want to get out using

Customer Question

I just found out that i'm pregnant and I want to get out using a chapter 8. My chain of command is saying that they are going to try and do whatever they can to make me stay in. Which means they will probably deny me the discharge (is that possible) and in that case, I cant successfully fill out a Family Care Plan because my husband is in Germany, my parents are in MT and his parents are in TX. I am stationed in Fort Bragg 82nd ABN DIV. I have also had previous medical problems with my feet (plantar fascitis) which spread to my knees, ankles, and back. The military still has not found a way to fix me and we have been trying different methods for almost a year now. I want out so I dont have to deal with the pain any longer and so I can properly raise my child. I dont trust other people with my child and I dont feel comfortable letting some stranger take my child for the week when the child is only 4 months old! I want to get out and move to Germany when my husband gets back from deployment, but my chain of command is trying to make that the most difficult task of my life. I only want an honerable discharge, because I have not done anything wrong. I have never been counseled negatively, I do what I'm told, etc... can you please help!?
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

Used to be that if a female became pregnant, it was an automatic ticket out. Not so any longer. The policy for the Army (and the other services) is to keep mom on active duty through the pregnancy and put her to work after her post pregnancy leave.

There is not a right to get out any more...sorry to bear bad news.

Now for your other issues...if you refuse to file a family care plan, that will land you out...but NOT with an honorable discharge...in fact most likely that would land you an OTH discharge...not something you want.

As for your feet...if your physical problems prevent your continued service, its possible you could be discharged...but this, like the pregnancy, is not a right you have.

THe one way to ensure you get an honorable discharge is to complete your contract

Sorry to bear bad news.


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Customer: replied 5 years ago.
i'm not trying to be desperate here sorry. i just need to know all my options. if they discharge me can i go to congress? i was also sent to permanant duty without fully completing my training in AIT, so i dont think i was ready for permanent duty (i'm still not, i just try to get by) also i heared if they deny me the chapter 8 that i could write to congress about all these problems and they might help. what does congress do in those situations?
Expert:  P. Simmons replied 5 years ago.
If they discharge you you can not go to congress...your recourse would be through the Board of Corrections of Army records. More info here

http://arba.army.pentagon.mil/

You can write to congress...and congress will write to the Army to make sure the Army is following its rules...from your description I do not think the congressional request will help you much


Customer: replied 5 years ago.
i'm talking about going congressional if they DENY me discharge through chapter 8. Anyways whats the likeliness of the review board changing an OTH to an Honerable since I haven't done anything wrong?
Expert:  P. Simmons replied 5 years ago.
Thanks

Unless you can show the Army has violated its policy, the CONGRINT would not do you any good. From your description it does not appear the Army has violated any of its rules or policies.

As for likelihood of an upgrade. Slim to none unless you can show the Army violated its rules or policies.


Look at it this way...you case is not unique. At all. Each day soldiers try and leave the service prior to the end of their contract. The Army spend lots of money to find and train you...they do not want to loose on that investment. It is not easy to leave the Army prior to the end of your contract and still get a good discharge. If it were, soldiers would be lining up to do so.
Customer: replied 5 years ago.
did they not violate their own policies when they sent me to a duty station on profile, and without completing the required training?
Expert:  P. Simmons replied 5 years ago.
Why do you believe that you were sent to your duty station without proper training and what have you done about this (that is did you complain to your command about this)?
Customer: replied 5 years ago.
i believe i was sent without preper training because i didnt do ANY of the required field exercises or firing ranges and I didnt feel I was ready but they were anxious to get me out of Huachuca because I already graduated and was just sitting as a hold until they fixed my feet and I completed the required training. yes i complained to my platoon sergeant and all she said was dont worry about it. I also pulled her aside and told her how i dont think I've had the proper training, I dont feel prepared, etc. She said not to worry about it, that they dont care if I didnt complete the training. I'm here now so nobody will do anything about it.
Expert:  P. Simmons replied 5 years ago.
Thanks

Unless there is an Army regulation that states a minimum level of completion (like minimum number of field exercises) then this would not be grounds to complain that they

" sent me to a duty station on profile, and without completing the required training?"

I doubt such a regulation exists.




P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27111
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 5 years ago.
ok thank you for your help
Expert:  P. Simmons replied 5 years ago.
Welcome and thank you

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P. Simmons
P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.