How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15967
Experience:  Lawyer and current JAG officer.
20011183
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I just graduated ait as distinguished honor grad but ive been

Resolved Question:

I just graduated ait as distinguished honor grad but ive been really down the past 4months, maybe even a little depressed. My single mom has been diagnosed with chronic Epstein barr virus and have two sisters they are struggling without me and ive been wanting toto talk to my commander or chaplain for awhile now but im afraid they'll be mad at me.. Im wondering if i can be discharged so i can return home to support andand take care of my mom and two sisters
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

You will not get in trouble for asking. You have the legal right to submit a written request for a hardship discharge based on your depression and your family issues.

First, you need to see a doctor concerning your depression, so that a record can be established for that. Second, you need some letter from your family to establish those facts.

Now, while you have a legal right to request separation in writing, that does not mean that you are guaranteed separation. They do not have to grant it, but you at least have the legal right to request it.
Customer: replied 2 years ago.
okay will it help if i get the medical records from my mothers doctor and how should i go about requesting a discharge and how long could that take? will there be any repercussions and will ir help my case that i havent had any disciplinary problems?
Expert:  Allen M., Esq. replied 2 years ago.
Yes, it can help. You have to convince command and command may want confirmation of those medical issues.

You should request the discharge in writing. Nothing formal here. It is just a letter to your commander.

It can take up to 4 months, if they decide to do it at all.

Legally, there would be no repercussions. It is possible that your commander may decide to not like you, but also not let you leave. I can't help that sort of situation though. It may happen, it most likely will not though.

Not having had disciplinary issues helps, because it makes you NOT someone that the commander wants to see suffer. You either have no relationship with the command at all (neutral) or it is good.
Customer: replied 2 years ago.
do you think i have a probable case? im trying to avoid conflict if possible.
Expert:  Allen M., Esq. replied 2 years ago.
The problem here is that I don't know your commander.

Separations like this are discretionary. The commander doesn't have to let you go. So, unlike a situation where a judge is deciding your "case," you have a commander making the decision and that can't be questioned. No matter how strong your evidence is, the commander doesn't have to release you. You could also have a very weak argument, but the commander could be lenient and just let you go.

There is no way to predict a result when the key factor, the commander and his/her predisposition, is not known.

You certainly have facts that support that sort of separation, otherwise, I would not be telling you to submit the letter.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15967
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
 
 
 
Chat Now With A Military Lawyer
Allen M., Esq.
Allen M., Esq.
Military Lawyer
15967 Satisfied Customers
Lawyer and current JAG officer.