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.
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
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 :)
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.pdfAs 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.
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).