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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18791
Experience:  Lawyer and current JAG officer.
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What is Nebraska's national guard process with absent

Customer Question

What is Nebraska's national guard process with absent soldiers is it an other than honorable discharge or jail time
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 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.

There is technically no established "process." That actually isn't allowed in military law because it would be undue command influence, which is illegal.

That being said, the more common process (as individually selected by the commander involved) is to process the soldier for a misconduct separation with an OTH. In fact, in the time I was in Nebraska, I didn't see a criminal charge/jail time situation because it is rather difficult to do. That being said, it would be false for me to say that they CAN'T and wouldn't possibly do it. It is a command discretionary function.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

If you have further questions, please let me know.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. 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.