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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32840
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have been in as a new 2lt in the Army one year and three

Customer Question

I have been in as a new 2lt in the Army for about one year and three months. The proccess of becoming an officer through the ROTC program was a real challenge for me, but I manage to complete the proccess and got commissioned on January 2015. After a 3 month waiting period for my BOLC school for Field Artillery, I also experienced some challenges with communications deficiencies, but also made it through. Now I'm at my first unit in wich I'm experiencing communication issues and I'm finding it real hard concentrate, keep up with the work and getting tasks accomplished. I could say that I'm really frustrated and don't know what to do. Honestly I'm looking for a way out of the military, but every article I have read lead me to the same answer, having to complete the term of my contract. And honestly I don't even know if I'm going to make it that far. I wanted to know if there is any type of chapter that I can request base on my unability to adapt to this military life. I don't know what to do!
Submitted: 6 months ago.
Category: Military Law
Expert:  P. Simmons replied 6 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. 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. You research is correct...there is no "easy way out"...not in our all volunteer service (where the services, like the Army, have an incentive to not let folks leave early)

Now...if you have a physical or mental condition that limits your ability to perform your duties? That would be a basis to separate you.

You mention "inability to adapt"...if that is a mental health disorder, that could be a basis to separate. So consider going to medical and asking to be screened by the folks in mental health...they will evaluate you and determine if you have a mental health issue that is impacting your service

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 6 months ago.
A was reading about chapter 13 option. How would this apply to my case?
Expert:  P. Simmons replied 6 months ago.

There is no "chapter 13" for commissioned officers. Chapter 13 is from AR 635-200...Active Duty Enlisted Administrative Separations. So it will not apply in your case. The regulation that applies in your case is Army Regulation 600–8–24.

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 you can seek a chapter 13, 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.

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