Hello, I have been in the army for a total of 8 months. And now I want out. I don't like the Army, or the way it runs. I have told my chain of command that I want out. I'm currently trying to get out on a pt chapter but my 1st sgt said that's unlikely. Well, I really want out and I'm willing to do anything to get out. But I'd rather not get in trouble to do it. My question is, can a lawyer help me get out, or point me in a direction to get out? My chain of command is basically just watching me suffer here. I've been to mental health and a few more councilors. Nothing is working. I need out. I'll do anything. But, can a lawyer help me get out? If not, what should I do. Also I'm currently stationed in South Korea. P.S, please give me an option besides saying just do time, because i can't do that. Thanks.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.I recommend you look at the Army Separation Manual You can see it herehttp://www.sdmcp.org/Regs/armyenlistedseps.pdfThere is not an easy way out. With our all volunteer service, the Army spent a good deal of money to find and train you...the last thing they want is to let you out before they get a return on their investment.That said, if you want out prior to the end of your contract, it will need to come from an administrative separation...that is where the Army Seps Man comes into play.There are 2 types of Administrative Separations...Voluntary and Involuntary. You want, if at all possible, voluntary. If you can fit your circumstances into a voluntary separation you will typically rate an honorable separation.Some examples of reasons for voluntary separation include:Conscientious objectorHardshipPregnancyEarly release to further educationWhile 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.If you can not find a voluntary separation reason that fits your circumstances, I would urge you to finish your term, since if you attempt an involuntary separation, this will typically result in a less than favorable characterization of your discharge, a loss in veterans benefits and difficulty going forward in a job search. Still, if you can not find a voluntary separation that fits, you can look closely at the different involuntary methods, as one or more may apply. For example, if you simply hop on a plane and return to the states, and remain away for several months, at some point the Army will separate you. It may not be with a good discharge. But it will get you home and out.Either way it is very important that someone in your command is "on your side" If there is a Staff NCO or better who can speak to the command on your behalf this will help quite a bit. In the end it is the Commanding Officer who will likely make the decision whether or not to discharge you and if so, how. You want someone in the command who can advocate your case.Best of luck
what about going AWOL? what types of discharges will I be looking at? and whats the process for that?
Typically if you are AWOL they sit on the case until you are arrested. Then, once you are arrested they send you to a court martial to get a Bad Conduct Discharge. This also typically requires you spend a few months in the brig.Or, if you are AWOL for a year or longer and turn yourself in, typically they bypass the court and simply give an OTH at a chapter.
I have been told that if you wait until you are off the pay roll, and the unit has officially put you in as AWOl you go to ft knox then they do the paperwork. Can a lawyer legally help me out in anyway?
That is true...after about 2-3 months, they drop you from the unit rolls (they drop you from the payrolls immediately, but the unit roll they typically hold for at least 2 months...so if you were gone for only 45 days they would typically send you back to your unit).A lawyer can help you if you go awol, after you return. That is for certain.And a lawyer can help you apply for one of the voluntary chapters (like pregnancy or Conscientious objector).
what if im in korea?
Will not matter where you are...the rules are the same regardless. Now, if you remain in Korea and go AWOL, and then return, then it depends on how long you are awol.Again, if it is longer than 2 months they typically would send you back to the states for outprocesssing
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