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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27168
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im seeking voluntary separation from the Army. Is the Army

Customer Question

I'm seeking voluntary separation from the Army. Is the Army really accepting voluntary separation? because downsizing? who can qualify for this voluntary separation? where can I find the AR 638-200?

TIS: 4yrs, ETS: May 14, last PCS: Aug 11, MOS in/out: balance...

 

If I'm able to get out just for continuous education, if qualify?

my second issue is child in EFMP, more complicated.

I don't know how possible to get out, because I want to be with child.

 

Submitted: 2 years ago.
Category: Military Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

I'm still waiting for an answer. please let me know what information do you need more to answer. if you can send me an email about what you need to answer, i can send informations to you. not publicly.

 

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

AR 638-200 is the regulation. But there is actually no basis for "I want out early".

You can a "hardship" discharge under Ch 6 if you have a hardship. But a hardship basis requires
(1) The hardship or dependency is not temporary;
(2) Conditions have arisen or have been aggravated to an excessive degree since entry in the Army, and the Soldier has made every reasonable effort to remedy the situation;
(3) The administrative separation will eliminate or materially alleviate the condition; and
(4) There are no other means of alleviation reasonably available.

If you meet that, you an apply through your S1 for a hardship discharge.

Chapter 16 has a way to request a discharge "due to reduction in force, strength limitations, or budgetary constraints" But if you look at the language in 16-7 you see that you can only apply for this when HQDA opens op the process. Basically, the Army will tell the soldiers when this type of discharge is available.


Finally, there is Ch 5. A "convenience of the government" discharge MAY work.

While not voluntary, a "convenience of the government" discharge may also get you where you want to go. As the title says, its for the government's convenience, not yours..but if you can convince the command to support you this is also a way out.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27168
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you very much for the answer.

question 1) Ch 6, hardship: I heard that It is not easy to qualify a valid hardhip. nine out of ten got denied. taking care of a family member who has a cancer, is it enought condition to request? if is, what might help to make a acceptance from the Army? dotor's support letter? if denied, this hardship case, am I able to request other ways?

 

question 2) Ch 16, how can I find out the HQDA opens op this kind of process? ever happend before? I heard that the Army may put out like this type of process... maybe sometime end of this FY? and someone said, already a document that contained one year early release from the ETS is out, have you ever heard about that?

question 3) Ch 5, convince the command to support? can you give me more detail about this?

 

I'm not a Medal of Honor recipient but I have no issue with the Army, my conduct and performance always top ten percent in the units that I have been through.

I want an Honorable discharge from the Army with a appropriate process.

thank you for your time in advance.

 

 

Expert:  P. Simmons replied 2 years ago.
1) Taking care of a family member with cancer CAN be enough. But facts are key. If its is your 7th cousin with isolated skin cancer who is expected to survive? Not likely. Your parent who needs 24/7 care? Likely.

So you want to present the case to show severity and closeness. A statement from the doctor that lists why your help is needed will also help the request.

A hardship request is a one shot deal. You request and it is accepted or denied. So you want to put effort into the package to make it strong up front. There is no appeals process for a hardship request.



2) Last time it happened was in the early 90's during the downsizing after the gulf war. It could happen again...but I have not heard of it yet. I think the services are still waiting for the "shoe to drop" on budget issues before they start to downsize. Understand that we are still at war in Afghanistan and now they are talking about Iran....

I would not expect anything until the presidential election is over.

I have not heard of a "year early program". But in the mid 90's there were several different early out programs...that was a huge reduction in forces. It sure could happen again, particularly if someone like Ron Paul is elected.



3) Convince the command? That is the key. If you can convince your battalion commander to let you out, they can make it happen.

It may be a sort of "hybrid"...say hardship issues, combined with a desire to start school, and need to leave.

The convenience of the government is really a catch all. And it starts with your immediate chain of command. If you can show them you need to get out and letting you out early is the right thing to do you have a shot.

But understand it is rare. VERY rare for a soldier to be discharged early unless they have some reason under the chapter. So this one is unique. IT really comes down to convincing your chain of command to help you.

Frankly, if you have a relative with cancer, I would press this and add your other reasons to the mix. If your commander is behind your hardship request that is MUCH more likely to be approved then trying to convince them to give you a convenience of the government discharge.













P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27168
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 2 years ago.
thank you for your expert answer I'm fully satisfied
Expert:  P. Simmons replied 2 years ago.
Welcome. Best of luck with this

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