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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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My son is in the Navy and I need information on how to help

Customer Question

Hello my son is in the Navy and I need information on how to help him get out of his contract
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: He's having some issues and he's really unhappy
Submitted: 2 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 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.

Getting out of a military contract is not easy. In fact, it can't be done without the approval of his commander. There is nothing that you can do, as a parent, to influence or legally compel that result.

If he is unhappy to the point of depression, he needs to make that known to medical personnel so that it can be documented. Only in that way can your son start walking down that path that can lead to his separation based on the medical issue itself or based on the belief that he is not really cut out for military service.

That's what it is going to take though. Some medical recommendation to be separated, perhaps supported by the chaplain after your son has spoken with him/her.

Simply getting out of the contract is not an option. Many enlisted members talk among themselves about loopholes used to leave the military. Those are myths or half truths. After nearly 3 decades of continuous warfare, the military has closed any loopholes that used to exist. The only sure fire way to guarantee separation any more is a drug offense, and he doesn't want that on his record.

He has to work with medical and his chain of command in order to receive an administrative separation, at the discretion of his commander.

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 1 month 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.

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