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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26813
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How long would it possibly take for someone who has refused

Resolved Question:

How long would it possibly take for someone who has refused training in Army Basic Training to be sent to the RHU or sent home if they haven't caused any trouble and actually work hard as if they were training?
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.

Not sure I understand the question...you are in basic now, but refusing to train in the hopes of a discharge?
Customer: replied 1 year ago.
Yes, I don't understand how refusing to train works because I still volunteer to do all the details.
Expert:  P. Simmons replied 1 year ago.
THank you

The short answer is that it is up to your commander.

It is the commander (the battalion commander) who has the final say on how individual soldiers will be processed for misconduct.

Please understand that "refusal to train" is technically a violation of Art 92, UCMJ as "dereliction of duty". So the commander can, if they desire, subject the soldier to punishment under the UCMJ.

Now...this is not common. In the majority of cases the solder is simply processed out with an ELS (entry level separation).

But it is important to understand that there is no Army regulation that would require the commander to process for an ELS. In fact, it is quite the opposite. The regulations give the commander broad discretion on how to handle misconduct of subordinate soldiers. So if your commander chooses to, he or she can prosecute you under the UCMJ, or can subject you to a "chapter" for misconduct which could lead to your separation from the Army with an "other than honorable" conditions discharge.

So, on to your question...how long in the typical case does it take to process out (assuming the commander chooses to separate with an ELS)?

Typically weeks...2-3 weeks or less. No good reason to keep a recruit on duty if they plan is to separate. So if they are going to send you out with an ELS I would expect that to happen very soon.

But as I mention, there is no guarantee that will happen at all.





P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26813
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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