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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26159
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I got my girlfriend pregnant im active duty navy she doesnt

Resolved Question:

I got my girlfriend pregnant im active duty navy she doesnt want to leave home. The stress and the distance is making my life hell is there a way i can get out early?
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I am sorry to have to bear bad news. Having a pregnant girlfriend who lives away from you is not a basis for a discharge.

Even if you were to marry, the fact you have a pregnant wife who lives apart from you would not be a basis for a discharge.

Now...if there are medical complications with the pregnancy and your wife or unborn child require your presence to assist, that CAN be a basis for a hardship transfer or discharge.

Under the rules in the Navy, if you have a close relative who is in need of your assistance, that can be a basis to have a hardship transfer or discharge approved.

You would need proof...you would need to have her doctor write a letter detailing the complications with the pregnancy and stating your presence is needed to ensure the health of your wife or child (this assumes that you marry her prior to filing the request). If that is the case...if you are married and you have a letter from her doctor that states that she needs you present? That can be enough to get a transfer or discharge.


But the fact she is pregnant and living apart from you, in and of itself, is not going to be a basis for discharge.

Let me know if you have more questions...happy to help if I can
Customer: replied 11 months ago.
Even if im depressed and anxiety over the situation
Expert:  P. Simmons replied 11 months ago.
Your depression over this would not, in and of itself, be a basis for discharge.

However, if your depression or anxiety is so severe that you are not able to perform your duties? That CAN be a basis for discharge. But this is a bit of a "fine line"

If you have a mental condition that limits your ability to perform your duties and that condition is not expected to resolve in 12 months or less, that would be a basis for separation. In fact that is the standard.

So if you have a diagnosis for depression and/or anxiety (they often are diagnosed together)? And the condition or conditions limits your ability to perform your duties? Then I would expect the Navy to separate you.

But if the doctor or the commander believes that this is an attempt by you to shirk your duties? That could be the basis for criminal charges of malingering at Mast or Court Martial

BotXXXXX XXXXXne: if you have a mental condition that limits your ability to serve, that can be a basis for discharge.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26159
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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