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Gerald, Esq
Gerald, Esq, Lawyer
Category: Military Law
Satisfied Customers: 2871
Experience:  30 years of experience
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My son is currently at USMC. Just completed boot. Went back.

Customer Question

My son is currently at USMC. Just completed boot. Went back for SOI. He is suicudal, suffering from severe depression. They coerced him into signing a 'refusal to train' because they told him he has no other option. He's terrified and spiraling out of control. They are saying he is making this up but he isn't..he is now in legal for 30 days. He is not allowed to have his phone and they also refused to allow the chaplain to see him. We don't know what to do! We are terrified he will harm himself but they won't take him seriously. Help!!
Submitted: 10 months ago.
Category: Military Law
Expert:  Gerald, Esq replied 10 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry that you are going through this and have to worry about your son like this.

The Marine Judge Advocate General is your first phone call tomorrow to see if you can break through the red tape.

http://www.pendleton.marines.mil/StaffAgencies/LegalServicesSupportTeam/CriminalDefense.aspx

Although I am linking you to the lawyers, it is for your son's benefit. I do not want you worrying about the legal issues for your son (they are relatively minor) I want you to focus your conversation with the JAG about getting your son the medical attention that he needs.

Just so you know that the legal status of refusal to train is an "Administrative" action not a criminal one. The discharge under the administrative process will not legally harm your son. See this article:

http://www.usmilitarylawyer.com/military-non-judicial-punishment-article-15.asp

In addition to the JAG also contact this unit:

http://www.med.navy.mil/sites/nmcphc/wounded-ill-and-injured/Pages/minding-your-mental-health.aspx

If you feel that you are not being heard, immediately contact your US Senator and US Representative's Constituent Services staff member. Every Senator and Congressman have members on the staff whose job is to break through the red tape of Government agencies. Do not hesitate to contact them and enlist their help.

Use this link to find your representatives:

https://www.opencongress.org/people/zipcodelookup

If it is not presumptuous, I will keep your son in my prayers and pray that you are able to break down the red tape.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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