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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18902
Experience:  Lawyer and current JAG officer.
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I'm a Nebraska national guard member the disrespect and miss

Customer Question

I'm a Nebraska national guard member the disrespect and miss treatment about a family members health is my reason for not willing to show up if I stay doing this will I be arrested or discharged
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Your reason, while very understandable, is not a legal basis for failing to go to drill. While it may be an argument to gain sympathy from a board or the commander, it doesn't create an absolute defense to the allegation of AWOL or missing drill.

Now, the chances of being arrests are almost 0%. While it is technically true that command could enter an arrest warrant for you, this is so very rare that I haven't actually seen it happen in my career...I've just heard about it happening and legally know that I can happen.

The most likely result is a separation from the military for misconduct, resulting in either an Other Than Honorable or General discharge. Neither of those is really great to have. They have a long term effect on your career paths, but usually don't start messing things up until you are trying to break into upper management or higher level jobs. This is why most people don't feel any problems with the discharges until 10 to 15 years after they get them.

It's something to take into consideration, because you have to understand that, at best, ***** ***** here would keep you from getting an OTH and just make sure you get the General. You wouldn't get an Honorable discharge out of this situation.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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