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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33095
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can I get separated for mental health issues? Stateside, No,

Customer Question

Can I get separated for mental health issues?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: No, I'm afraid of bringing it up to them. My LPO for some reason can never seem to have a logical conversation with me and what I'm truly afraid of is that he'll say I'm faking it...
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

Can you be separated for mental heath? Yes.
If you have a medical issue (physical or mental) that limits your ability to perform your duties? And is expected to last for a year or longer? Then military regulations provide a path to separate you. The logic goes that if you can not perform your duties and it will not resolve within a year, they should release you and replace you with someone who can perform the duties

The way to address this is NOT with your LPO...at least not initially. The first step is to report to sick call and ask to be screened by mental health. If they diagnose you with a mental health disorder they (medical) will start the process.

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 3 months ago.
Okay , would a stutter and a depression be a probable cause for separation ? It seems unlikely but then again I've heard of others being separated for seemingly simple issues.
Customer: replied 3 months ago.
Also, lets say worst comes to worst and they did start the process, would I be stripped of benefits?
Expert:  P. Simmons replied 3 months ago.

Stutter? No. Not likely. Depression? Perhaps. If the depression impacts the ability to perform your duties, that would be a basis.

Benefits? Depends on many factors...but generally speaking you would keep all benefits except the GI bill.

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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