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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111647
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Possibly i'm being separated from the NH National guard

Customer Question

possibly i'm being separated from the NH National guard under chapter 16
JA: Are you overseas or stateside?
Customer: stateside...
JA: Have you talked to anyone in the chain of command about this?
Customer: I began signing discharge paperwork about 6 months ago, this past week i signed my waiver of rights to a hearing... i've accepted the fact that i'm being separated and just trying to move on with my life
JA: Anything else you want the lawyer to know before I connect you?
Customer: well my question is, i didn't show up to drill this weekend... and apparently i was supposed to... since i'm already in the process of separation, what could happen to me for not showing up to drill
Submitted: 1 month ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, until you are actually separated, unless your command gave you permission to skip drill, the failure to appear at drill can be deemed a violation. However, you can also ask your command to allow you to make up the drill time or give you waiver from further attendance. The bot***** *****ne is the command really does not want to pursue these in the national guard where you are already separating because it takes more time than it is really worth. So the reality is you need to do drill and you need to speak to your command now about excusing you from drill or allowing you to make up the missed time.
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Customer: replied 1 month ago.
what is the worst case scenario here though? could i be arrested?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
The worst scenario is they could issue a warrant for you and detain you on base until a trial, but realistically speaking the worst is they would give you a dishonorable discharge and if you are already in process of separation, that is not likely.

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