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David Stewart
David Stewart, Attorney
Category: Military Law
Satisfied Customers: 223
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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I am currently in basic training week nine but I'm on

Customer Question

I am currently in basic training week nine but I'm on holiday block leave and do not wish to return. I do not want to be in the military any longer and I'm unsure on what I should do.
Submitted: 16 days ago.
Category: Military Law
Expert:  AttyHeather replied 16 days ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 16 days ago.

Have you heard of Entry Level Discharge? You could potentially visit a therapist and have them write a statement for you. You would need to approach your commander and be honest about not adjusting to military life and ask for the ELD. They don't have to do it, but they can. Usually, the ELD is given when the commander doesn't know you well enough to determine the type of discharge. It is not honorable or dishonorable. Does that make sense?

Customer: replied 16 days ago.
that makes sense, but I joined September 15th, 2015. ELS is no longer an option correct?
Expert:  AttyHeather replied 16 days ago.

Yes, that is correct.

Unfortunately my shift is about over, and I think another expert might be able to better assist you. I'll have to opt out. No need to respond until another expert appears in the conversation chat. Thanks for using justanswer.com.

Expert:  David Stewart replied 15 days ago.

Hello: my name is ***** ***** I will work to assist you. In reference to an ELS, you have 180 days for that and based on your statement you joined in September 2015 that is not going to be an option. The other is to ask for EPTS (Existing Prior to Service). Here are a couple of links that can take you through the process: http://ihatetheusmc.com/how-to-get-out-of-boot-camp/; http://armybasic.homestead.com/leaving.html

You have three options from my perspective in your particular situation: 1) go for an EPTS by claiming a medical condition that keeps you from continuing with your service; 2) go AWOL and face prison time; 3) comply with the contract you signed with the U.S. government assuming you are not successful with showing EPTS. I suggest trying for no. 1 if you feel you can prove an existing medical condition or completing your contract. I am happy to have a call with you if you would like to discuss any of this in more detail. I hope this helps! David

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