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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My Name Is ***** ***** Gosier. I did 5 years actively in the

Customer Question

Customer: My Name Is ***** ***** Gosier. I did 5 years actively in the Army. And got out as an SGT. I went to the reserves and and thought it was a good choice. When my first drill came up my wife went into preterm labor and had our twins. they both passed away shortly after they were born. Then in December I found out my mom has a terminal illness. So I moved out to GA with her from Colorado. I wanted to take care of her.
JA: Thanks. Can you give me any more details about your issue?
Customer: Well Ive missed two months of drill now. And they are saying to hit me with an OTH discharge. I do not want to go back. They were not helpful with any of my situations.
JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Military Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma Mr. Gosier...but I am not sure I understand your question. Do you have a question regarding this?

Customer: replied 10 months ago.
I want to know will an OTH discharge keep me from joining active duty again in the future. I was honorably discharged in may. I haven't been to drill. Since December. I have been taking care of my mom.
Expert:  P. Simmons replied 10 months ago.

Thank you

The OTH will likely prevent you from going back on active duty.

If you get an OTH, you would require a waiver from the service secretary (for example, if you want to go into the Army, from the Secretary of the Army) to reenter

Such waivers are difficult to obtain.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that an OTH will not stop you from reentering, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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 10 months ago.

Follow up. Did you have more questions regarding this?

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.