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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18846
Experience:  Lawyer and current JAG officer.
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MY SONS SIGNIFIGANT OTHER IS AT BASIC TRAINING AT FORT SIL.

Customer Question

MY SONS SIGNIFIGANT OTHER IS AT BASIC TRAINING AT FORT SIL. IS THERE ANY WAY FOR HER TO GET OUT OF THIS CONTRACT
Submitted: 7 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 7 months 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.

This is a very commonly asked question. Once you are at basic training, you leave at the pleasure of the military. Prior to leaving for basic, the Department of Defense established a directive allowing you to opt out, but once you have left you must be separated administratively by the commander in order to leave without being in violation of the Uniform Code of Military Justice (our federal laws).

There are many methods to try and get out, including failing PT tests, failing proficiency tests, claiming to be a conscientious objector (you will refuse to shoot people), alleging depression and suicidal ideations, wetting the bed, etc. All of these CAN result in a separation, but again, all separations are done at the discretion of a commander. So, while these can result in a separation, there are a lot of legal steps that have to occur, including psychological reviews, medical reviews, legal reviews, etc. Furthermore, even if all of those situations were present simultaneously, the commander still would not be compelled to separate her....just able to do so if the commander chose to do so.

If she wants out, she needs to reach out to her chain of command, a mental therapist, the chaplain...someone to advocate for her to command, because without the commander's backing this, she will not be separated and there is no way to compel a separation short of going AWOL (absent without leave) or using drugs to force a separation (and she doesn't want to do that, because either would come with a potential federal conviction that would be on her record for life).

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 7 months 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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