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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27018
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am looking for help. My husband joined the army for all the

Customer Question

I am looking for help. My husband joined the army for all the wrong reasons and I am 8 months pregnant. This change has been very hard for the both of us but more so him. He does not want to be there and he is wanting to come home. He singned up for active duty. He is at Fort Sill and is going to be processed tomorrow. Is there a way he can get out?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

So has he already departed for boot camp? He is now in bootcamp (or reported in and waiting to start)? Or has he not yet reported in for bootcamp
Customer: replied 1 year ago.

He has completed boot camp and is now at AIT.


 

Expert:  P. Simmons replied 1 year ago.
Thank you

That makes it more difficult.

Prior to bootcamp? Easy. It is easy to leave the Army prior to reporting for bootcamp.

After reporting to bootcamp?

Hard.

The Army spent a lot of money to find and train him through bootcamp...they do not want to let him out early.

The one way that MAY help is if he can show a "hardship"

If he can show that you need him with you, due to a medical condition, that can be grounds for an early release.

Now...pregnancy in and of itself is not going to be enough. Lots of soldiers have pregnant wives, it is tough to be away for the soldier and for the wife.

But if you have a medical condition either due to your pregnancy or independent of your pregnancy, and your doctor will write a letter that you need him with you for your health or for the health of your child? That can be grounds to request a discharge based on hardship.

The process to apply is easy...he files a request to his chain of command to be separated due this hardship (your illness). It is up to his commander to decide the request.

Short of that? I would urge him to finish his term. There is no "easy way out". By design. In an all volunteer service it is important to make it difficult to leave (to ensure the force structure...if it was easy to get out, lots of folks would...and that would not be good for the missions of the Army)

The one other possible option if you do not have a medical need for his presence would be if he has a deeply held religious belief that prevents his serving in the military. If this is the case, he can apply for conscientious objector status to his chain of command. The process is lengthy (it can take many months to check his claim) but if he can show his religion prevents his service, that can be grounds for discharge


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27018
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.


He wants to be an Ordained Minister has filled out the paper work to be anodaine Minister. We are waiting to hear back from them. Can they keep him there if he is an official Ordained Minister?


 

Expert:  P. Simmons replied 1 year ago.
The "ordained minister" exception can be used to get out of the reserves...but it is not a basis to get out of the regular army.

Sorry to have to bear bad news.

He can certainly ask...but unlike with the reserve component, becoming a minister is not the basis for an automatic discharge.

Customer: replied 1 year ago.


Can a soldier change from active duty to reserve if he is needed at home to help care for his children due to his wife having medical problems?

Expert:  P. Simmons replied 1 year ago.
No. That is not possible. The soldier can request a release from active duty based on the hardship. Or they can request a transfer to a duty station closer to home. But there is not a process to go from active to reserve based on hardship

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P. Simmons
P. Simmons
Military Lawyer
27018 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.