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: 15661
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 Joined the Army National Guard initially with a three year

Resolved Question:

I Joined the Army National Guard initially with a three year contract and then re-enlisted with a six year contract and completed a year long deployment overseas and received 50% of the GI bill which I have not yet used. I now have over four years left on my contract but I will be leaving the United States permanently within this year for work in Asia and will never return to the U.S. ever again. What would be the best way to get discharged with it having the least affect on my record and possibly any way I could keep my GI Bill or other benefits? I have heard that if you fail your PT test by being overweight you could get a medical discharge and keep your benefits. Is it difficult to get a medical discharge? Would suffering from clinical depression be a way to get a medical discharge? What would happen if I just left the country and never returned and never informed my chain of command?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

You don't get a medical discharge from failing PT tests. You get a medical discharge when your doctor notes certain limitations in your medical records and then recommends separation based on your inability to meet standards. It's not hard to get a medical discharge if your doctor actually pushes for it and your commander is inclined to grant it.

If you just fail PT tests, your discharge would be for PT test failing, a performance discharge. It would likely be General rather than Honorable, so you'd lose your GI Bill benefits. This is also easy to get, because you just have to fail to meet the standard. Getting an honorable in this situation would be very hard.

If you just left the country, never to return, you'd wouldn't be pursued in any way. They'd likely just give you an Other than Honorable discharge which would stop you from getting any benefits. It wouldn't be considered a criminal act, so it wouldn't effect your travel. Now, technically they could list you as AWOL, not discharge you and purt a warrant out for your arrest. This was flag you for any attempt to reenter the U.S.
Customer: replied 1 year ago.

Is it difficult to get a medical discharge for a mental illness such as depression or is it fairly difficult? If one were trying to get out of the National Guard would failing the PT test be the best way?

Expert:  Allen M., Esq. replied 1 year ago.
It's not difficult to obtain, if the command is willing to grant it.

That's the issue. A doctor can't force a commander to do anything. A doctor can discuss with you the issue of depression and then, based on those discussions, make a recommendation to the commander. The commander can act on that recommendation or ignore it.

Failing PT tests is the safest way, because it doesn't subject you to any malingering charges (if they feel you are pretending on the medical front). It takes some time though, because they give you so many chances to correct your deficiency.
Customer: replied 1 year ago.

Ok. thanks. If I failed every PT test for a year would that most likely be enough time to get kicked out?

Expert:  Allen M., Esq. replied 1 year ago.
Yes, that would be enough. You typically only need to fail two or three in a row to be discharged.
Customer: replied 1 year ago.

Do you know if they usually make you repay whatever Federal or state tuition assistance or GI bill payments that you had receive once you are discharged for failing the PT test?

Expert:  Allen M., Esq. replied 1 year ago.
They don't make you repay GI bill payments.

They do make you pay any state tuition assistance if you failed to meet the time frame of required service following the payout on those.

I had to pay back tuition assistance from the National Guard myself, even though I ETS'd and wasn't discharged. No one explained to me that I had to renlist to extend my service time beyond a certain time period to retain the tuition assistance.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15661
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