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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33498
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I've been in months, I went to OSUT sept 8 and graduated

Customer Question

I've been in for 9 months, I went to OSUT sept 8 and graduated Dec 18, went on leave and went to my first duty station fort Campbell where I was deployed a little over a month later, I'm on deployment now and I've been in a little over 9 months, I've been really struggling with all of this and I've been shut down by my command, my wife is having an even harder time and so I've been trying to find a way out, what can I do? I need help.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I'm sorry for this dilemma however I'm not sure I understand your specific question. Are you asking if you can force the army to release you?
Customer: replied 1 year ago.
I'm wondering if there is anything I'm allowed to do, do I have any legal way of being released, my chaiplain said that as long as I've been in for less than a year I can get released because of unable to adjust, is that correct and how does that work, is it garunteed?
Expert:  P. Simmons replied 1 year ago.
Thank you. It seems as though the chapel is confused. There is no rule that requires release of a soldier within one year.
There is a process where the army can separate a soldier within the first 180 days for the good of the service.
However , this is at the discretion of the army and not the right of the soldier.
Frankly, there is no easy way out. By design.
In the all volunteer service that is today's army, the Army has an incentive to not release soldiers on request.
It costs a good deal of money to find and train soldiers. If there were an easy way for soldiers to be released that would impact the ability of the army to maintain sufficient manpower to accomplish its mission.
Now, if you have a physical or mental health condition that limits your ability to serve, that could be a way out of the army.
You may want to contact a mental health specialist and get evaluated to determine if you have the mental health condition that is causing your struggles. The chaplain cannot diagnose mental health conditions. Only a doctor can do this.
If you were diagnosed with a mental health condition that is limiting your ability to perform your duties, that would be a basis for the army to discharge you.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
So I can't fall under the unable to adjust after 180 days?
Expert:  P. Simmons replied 1 year ago.
You could. But there is no one year limit. A soldier could be processed for failure to adjust after serving for many years.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
What do I have to do in order to start the process or where can I find out more about it?
Expert:  P. Simmons replied 1 year ago.
Sorry, which process? Failure to adapt? Or medical discharge?
Customer: replied 1 year ago.
For failure to adapt, and what kind of discharge is that? And for the medical would that be under the ODPMC, and what kind of discharge would that be and would it affect say being a police officer after discharge?
Expert:  P. Simmons replied 1 year ago.
Thank you. The regulation that covers failure to adapt can be seen here:
http://www.apd.army.mil/pdffiles/r135_178.pdf
Chapter 8 of this regulation deals with the entry-level separation. This is sometimes referred to as failure to adapt. However, separation under this chapter can only happen during the first six months of service.
In your case, the more applicable chapter would be chapter 6, separation for the convenience of the government.
Is important to understand that convenience of the government is, as the name implies, the separation because it helps the army. So the Army has discretion on whether or not to grant this type of discharge.
Medical separations fall under a different regulation, you can see that here:
http://armypubs.army.mil/epubs/pdf/r635_40.pdf
As for your ability to become a police officer after discharge? If that is your goal I highly recommend you complete your entire contract. If you're separated under either chapter 6 or for a mental health condition that would likely preclude you from obtaining a job as a police officer.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 1 year ago.
Follow up...i note you have the opportunity to review my answer.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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