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Im in air guard In Oklahoma . Im trying to get out so I ca

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I'm in air guard In Oklahoma . I'm trying to get out so I can continue with my work . I haven't been to basic, gotten paid one time . I work weekends only so it kills my check, I'm having financial issues as we'll as family issues and don't want a part in it anymore . So if I missed would it be awol? I enlisted in early June . Also if I miss would they have officers arrest me at my place of work ? I've tried contacting them and I get no reply . I went to recruiters office and she was no help and said I got a ship date . When two months ago when I tried to get the ball rolling they said I couldn't get ship date cause of clearance .i want to do do this the good way so I'm writing a letter staying my reasons but I can't keep doing this.
Submitted: 11 months ago.
Category: Military Law
Expert:  Wendy-Mod replied 11 months ago.
Hello,

I'm Wendy, and I’m a moderator for this Legal topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had found an answer or if you still needed assistance from one of our professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Tax, to Home Improvement, and more.

Thank you,
Wendy
Customer: replied 11 months ago.
Il wait some more ... Thank you .
Expert:  Wendy-Mod replied 11 months ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  LawHelpNow replied 11 months ago.
Hello,

I am sorry for your dilemma and would be glad to try and help out if I can do so.

Can you please briefly describe what you mean by family difficulties and any other adverse impact your service is having on your life?

Thanks!

Ben, J.D.
Customer: replied 11 months ago.
We'll my dad was diagnosed with leukemia and going through recovery, my mom isn't working much either now so I'm trying to help them out some. I weld on weekends and even taking that one weekend off cuts my pay. Friday sat is one weekend then sun through sat is another weekend . My fianances I have can't be sorted with losing even that much money . I've only gotten paid once but even if I did go to basic it would be the same when I got back . And honestly with all that I just don't think it's right for me I'm 22 want to go 100 percent in my welding career have my own place . I ask myself why would I want to part of a group that's already been so disrespectful to me ? Drill is next month and honestly I have to work . Can't get a hold of them for nothing to talk about it on the phone. Thankyou for your help and unbiased answer.
Expert:  LawHelpNow replied 11 months ago.
Hello again,

My name isXXXXX'm a licensed attorney and am very happy to try and answer your question today. I am genuinely sorry for your circumstances and sincerely XXXXX XXXXX works out.

I am pleased to share the good news that a solution is available for you to pursue. However, you must act promptly. I am speaking of Entry Level Separation, and here is how it works. For active duty, a 180 days time frame start ticking from the time of starting Basic Training. However, for Guard and Reserve components, that clock starts ticking from the time of enlistment, which makes for a stricter time line. In your case, however, the good news is that you still have time, based upon your description. This is a "no harm, no foul" type of separation, whereby basically your Command agrees that you and the service are not a good fit. It does not carry the stigma of dishonorable circumstances and so forth and is only available during this initial window of opportunity. Thereafter, you would have to make out a case for a hardship, which is not at all a simple matter, even with rather compelling familial circumstances. The key here, if you are serious about this, is persistence. And I mean being really tenacious about keeping after your Command. Contact the Chaplaincy Office and seek assistance. That is truly what it takes, but if you persist it sounds like you certainly have every reason to seek such a separation. But please do be careful to go through official channels. Otherwise, simply not showing up will indeed subject you to eventual detention and disciplinary action, which believe me is not something you want and is totally unnecessary.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me. I will be sure to check back for any further word from you when I am again working online in this forum.

I truly hope all works out for you and that the information I have provided proves useful. Thanks so much for using this service!

Take care,

Ben, J.D.
Customer: replied 11 months ago.
Awsome ! I gotta few more questions ... Im very persistent on the recruiter phones but no answer . She told me last week I have to wait till drill which is just wasting more time . Should I go up there and just try to find my commanding officer . I'm not even sure of her name yet ... Of should I just go up to the base and look for her? What if I sent my letter in and just didn't show up ? Would they come pick me up from work ?
Expert:  LawHelpNow replied 11 months ago.
Hi there,
Thanks for writing back. I am very glad to hear from you!
I feel you deserve honest and accurate answers, so I will just speak plainly. Sending in a letter and then simply not showing is going to end badly. It will not happen overnight, but as time passes from being absent (unauthorized) to actual desertion, you would be facing being at work one day and being taken into custody. I do not want that to happen to you, which is by I urged being persistent. My very best recommendation would be to become the "squeaky wheel" and not give up until you make actual contact with your Command. In all candor, it is the only approach that will avoid adverse consequences since such decisions are at the sole discretion of your Command.
I truly hope it all goes well for you.
Kind regards,
Ben, J.D.
Customer: replied 11 months ago.
Ok... One more question . Would it be desertion if I don't have a ship date and its just guard drill? I'm not trying to step on shoes, just curious . Cause I heard that its not subject ucmj laws and just subject to state . I'm not saying I'm going to do it just wondering . Il take your advice and be persistent to get ahold of command . Thank you sir for the help!!!
Customer: replied 11 months ago.
Also i am in the rsp program ... They haven't officially given me a ship date. So the person in charge of my unit is recruiter and their not helping out any on the case . I feel they keep dragging me on , and I have no way to chain of command until drill weekend ... Just some additional info thank you again for your answers!
Expert:  LawHelpNow replied 11 months ago.
Hey Bryant,
I am glad to try and be of further assistance. Could you please let me know where you are serving (i.e. 137th Air Refueling Wing, 138th Fighter Wing)? That would help me to be able to tailor my information more specifically to your circumstances.
Once I hear back from you I will write back. I will be away from my computer during the day, but you have my word I will check back for any updated word from you when I return to this venue this afternoon/evening.
Thanks!
Ben, J.D.
Customer: replied 11 months ago.
138 fighter wing . Thank you
Expert:  LawHelpNow replied 11 months ago.
Hello Bryant,
Thanks for the clarification. Alright, here is what I would do, were I in your shoes. Contact the office of Colonel David B. Burgy, Commander, 138th Fighter Wing. Try calling(NNN) NNN-NNNNif you need a starting point. That would be my very best recommendation.
Warm regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Military Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
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