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Dear Marsha, I am a member of the California National Guard

 
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  • Answered by:Marsha411JD
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Customer Question

Dear Marsha,
I am a member of the California National Guard and have recently become an ordained minister. I would like to request an administrative separation and was wondering if I could obtain your services to write the draft? Please let me know.

Submitted: 339 days and 15 hours ago.
Category: Military Law
Value: $38
Status: CLOSED
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Expert:  Marsha411JD replied339 days and 15 hours ago.

Hello,

Thank you for your question. Unfortunately the Experts on JA are not allowed to provide legal services to our customers other than legal information via this site. However, if you would like to give me a bit more information, I can make sure that you are eligible for discharge and also recommend the general form. If you are eligible, then form is very basic. So, can you tell me if you are enlisted or an officer? Are you active-duty guard or drilling?

Thanks

Customer replied339 days and 15 hours ago.

Hi Marsha,

Do you have a private practice? If not, please tell me where I may find the form. I am drilling and am enlisted. Also, may I ask you if this is an administrative type discharge? I assume they would have to consider my request but do not have to accept it. Is that correct? Thank you :)

Accepted Answer

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Expert:  Marsha411JD replied339 days and 14 hours ago.

Hello again,

I think I remember assisting you before with this general issue. I assume that you have looked at the regulation which was AR 135-178 that I provided you a link to before. If you did, you would see that if you can establish the facts that show a legitimate religious ordination, your discharge would actually be mandatory upon your request. In other words, the NG cannot deny your discharge, assuming you meet the requirements. You want to go to Chapter 15-1 of the Regulation for more information and yes this is an administrative discharge which will be an Honorable Discharge.

As for form and substance, this is submitted to your Commander in the standard Memorandum form with the subject line being Chapter 15-1 b-request for discharge in accordance with this Chapter and section based on your ordination as a minister, or words to that effect. It doesn't have to be perfect, but you need to reference the section you are using as authority and then in the paragraphs that follow you must state why you qualify as set out in the Chapter and section that I referenced.

If you have lost the link or don't have a hard copy in front of you, then you can find the Regulation at: http://armypubs.army.mil/epubs/pdf/r135_178.pdf

As for my practice, I probably wasn't very clear in my initial response. We have signed an agreement with JustAnswer that says we cannot form any outside professional relationship with the customers from JustAnswer, so I couldn't assist you on the outside. I am sorry about that.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 809
Answered: 6/12/2012

Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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