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Answered in 2 minutes by:
1/11/2010
VerifiedThere are ways, but all depend on your commander's willingness to cooperate. All you can do is ask a commander to agree to let you leave based on a hardship discharge or good of the Army discharge.
There is no way to compel or require the military to allow you to leave or to modify your contract without commander cooperation. Any other method takes a very long time and subjects you to potential punitive discharges.
I wish I could give you different information but your first and last stop is your chain of command.
There is no way to compel or require the military to allow you to leave or to modify your contract without commander cooperation. Any other method takes a very long time and subjects you to potential punitive discharges.
I wish I could give you different information but your first and last stop is your chain of command.
Dishonorable and bad conduct discharges can only come through court martial. You aren't getting one of those.
This would be an administrative discharge for the Good of the Army (that's the easiest one, because it gives the commander the most leeway) and it would be Honorable. There are precedents for doing this, but it's not like case law. Just because it has been done before does not mean that a commander would be compelled to do it again. As I noted, there is no way to compel a commander to act, even though it has been done before.
If you stopped showing up for drill, you could conceivably be court martialed for desertion. Do we see that happen much? No. It is, again, at the discretion of the commander. Have you noticed how much the commander is in control of here? It has bothered military attorneys for decades, but that is the way it is. Until something goes to court martial, the commanders rule. I would say that if you stopped going to drill, you'd probably end up with a general discharge though...unless the commander was really angry and then they may seek and Other than Honorable.
I'd be worried about getting a general or other than honorable discharge though. They are not "upgradeable" as everyone claims. They can be, but it's rare not automatic. Anything less than an honorable harms your ability to find work.
This would be an administrative discharge for the Good of the Army (that's the easiest one, because it gives the commander the most leeway) and it would be Honorable. There are precedents for doing this, but it's not like case law. Just because it has been done before does not mean that a commander would be compelled to do it again. As I noted, there is no way to compel a commander to act, even though it has been done before.
If you stopped showing up for drill, you could conceivably be court martialed for desertion. Do we see that happen much? No. It is, again, at the discretion of the commander. Have you noticed how much the commander is in control of here? It has bothered military attorneys for decades, but that is the way it is. Until something goes to court martial, the commanders rule. I would say that if you stopped going to drill, you'd probably end up with a general discharge though...unless the commander was really angry and then they may seek and Other than Honorable.
I'd be worried about getting a general or other than honorable discharge though. They are not "upgradeable" as everyone claims. They can be, but it's rare not automatic. Anything less than an honorable harms your ability to find work.
VerifiedAllen M., Esq. and 87 other Military Law Specialists are ready to help you
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