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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17049
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I had 3 years active duty time, 3 moss. National guard is

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I had 3 years active duty time, 3 mos's. National guard is attempting to discharge me for failure to ist. With everyone returning from deployment, theres apparently no slots available for me. My old platoon sergeant wants me out, however, my state ist coordinator is attempting to help me stay in. Will I lose my gi bill, and health benefits if I'm discharged? I only have 1 year in the national guard.
Submitted: 11 months ago.
Category: Military Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information and your question. Are you saying that you have prior active-duty before the Guard? Did you receive an honorable discharge from the tour? When you ask about "health" benefits, do you mean VA medical care?
Customer: replied 11 months ago.

Yes, I did receive an honorable discharge from active duty. Yea, I do have full healthcare benefits, as well as my post 911 gi bill. I want to stay in the national guard, but it seems as if I'm being involuntarily pushed out. I feel this would be an unacceptable waste of taxpayer dollars if I'm discharged. Will I lose any of my benefits if I'm discharged? What can I do? New york has claimed to not have any slots. So my platoon sergeant from wa is pushing me out!

Expert:  Marsha411JD replied 11 months ago.
Hello again and thank you for your reply. I can't really address the issue of retention, since I would have to have all of the facts, including your file, the manning information of the Command, and the facts from the Commands perspective. However, I can say that all the Services, including the Guard, are having to cut personnel numbers because of budgetary issues. However, if you have a legitimate issue with your platoon sergeant, then you should put in a request for a face to face with your Executive Officer or Commanding Officer and make your case for retention.

That said, assuming that you are discharged, you would not lose your post-911 GI Bill since you have an honorable discharge. Nothing can take that away at this point. In addition, you would still be entitled, like all other honorably discharged servicemembers to VA Medical Care. So, your discharge would not effect those two issues.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 11 months ago.

I'm grateful for this, however, I'm still having trouble understanding what this discharge means. I'm obligated to serve until march 2015, and this discharge will end my military career early, for a failure to ist. the ist is failure to interstate transfer. No counselings or non judicial punishments have been imposed on me. The wa state ist coordinator simply stated the process request was for a failure to ist, plain and simple. For me, this is about finishing my career the right way, and I feel this isn't right.

Expert:  Marsha411JD replied 11 months ago.
I understand your position, but as I mentioned, there are manning and budgetary issues driving these issues. There are many servicemembers being sent home early against their wishes. As I also mentioned, if you believe that there is mistake here or some one is targeting you wrongfully, then your recourse is to ask for a face to face with your CO. This is not going to be an adverse discharge if that is what you are worried about.
Customer: replied 11 months ago.

Sorry, I meant to clarify I'm attempting to transfer to the state of new york. The ny state coordinator informed me of no slots being available in new york, to which my platoon sergeant submitted the failure to ist discharge. Recruiters have also informed me of not being able to slot me a job, due to soldiers returning from mobilization having mos priority.

Expert:  Marsha411JD replied 11 months ago.
Alright, well I still can't address this issue and you will still need to address it with your CO. The original question you asked was about your GI bill and medical benefits, and I did address that. Unfortunately, I cannot guess about an issue I just don't have the necessary facts for. The appropriate recourse though is to address your issue with your chain of command.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17049
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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