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Reservist here, never reported to unit, never shipped, its

 
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  • Answered by:psimmons
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Customer Question

Reservist here, never reported to unit, never shipped, it's been 1 year. What's your prognosis?

 

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State/Country relating to question: Pennsylvania

Already Tried:
Contacted Unit Administrator who stated my packet would be put to IRR. No prior enlistment, fresh enlistee. I have college degree, MEd, teach during day, EdD at night. Was told direct commission, but swore in enlisted and my 'officers board' paper-work was blank when handed to me after MEPS processing. Wrote a letter to MEPS and unit explaining the mitigating circumstances and that I would not report. I've been receive certified mail almost monthly for a year documenting my UA.

Submitted: 406 days and 20 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  psimmons replied 406 days and 20 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Did you ever draw pay from your reserve unit for drill?

Customer replied 406 days and 20 hours ago.

Never drew pay, never reported to drill; however, I received direct deposit pay stubs in the mail. They were 0.00 with negative deposits into the insurance section. Forgot to mention, it's the Army Res.

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Expert:  psimmons replied 406 days and 20 hours ago.

If you never drilled, never went to bootcamp, never drew pay?

I would expect them to give you an ELS (entry level separation)

It is not a good or a bad discharge...it is simply a discharge

If you never went to bootcamp and never received any pay, they would not not have authority to give a "other than honorable" discharge.

You should request your discharge.
You can do so here Link text

then you will know for sure

Customer replied 406 days and 20 hours ago.

Never drilled, never boot camp, never drew pay.

ELS.. thanks for the link. I'll check it out. Great advice. I appreciate your time and expertise. I note that you state "should", so I'm assuming the "should" means they could just decide to keep me on their rolls, or something like that. But I'll check the vet records and see what my options are from there.

Thanks, XXXXX XXXXX

 

Customer replied 406 days and 19 hours ago.

I guess I have on more question..

I could expect the unit admin / commanding officer to file that ELS... but what if they did not?

 

What's the other scenario? Am I AWOL? Is there a warrant sent out to municipalities, homeland security, etc?

 

I'm about ready to give you the green smilee face and let you have a restful night.

Accepted Answer

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Expert:  psimmons replied 406 days and 19 hours ago.

Unlikely.

You are not technically awol if you never went to bootcamp.

And if you never got pay, they will not have jurisdiction to give a bad discharge.

You COULD still be on the rolls...but I doubt it. There is no reason to keep you on the rolls. I bet they have discharged you already...or will soon enough

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 10260
Answered: 4/3/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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