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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19179
Experience:  Lawyer and current JAG officer.
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I just graduated ait as distinguished honor grad but ive been

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I just graduated ait as distinguished honor grad but ive been really down the past 4months, maybe even a little depressed. My single mom has been diagnosed with chronic Epstein barr virus and have two sisters they are struggling without me and ive been wanting toto talk to my commander or chaplain for awhile now but im afraid they'll be mad at me.. Im wondering if i can be discharged so i can return home to support andand take care of my mom and two sisters
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

You will not get in trouble for asking. You have the legal right to submit a written request for a hardship discharge based on your depression and your family issues.

First, you need to see a doctor concerning your depression, so that a record can be established for that. Second, you need some letter from your family to establish those facts.

Now, while you have a legal right to request separation in writing, that does not mean that you are guaranteed separation. They do not have to grant it, but you at least have the legal right to request it.
Customer: replied 5 years ago.
okay will it help if i get the medical records from my mothers doctor and how should i go about requesting a discharge and how long could that take? will there be any repercussions and will ir help my case that i havent had any disciplinary problems?
Yes, it can help. You have to convince command and command may want confirmation of those medical issues.

You should request the discharge in writing. Nothing formal here. It is just a letter to your commander.

It can take up to 4 months, if they decide to do it at all.

Legally, there would be no repercussions. It is possible that your commander may decide to not like you, but also not let you leave. I can't help that sort of situation though. It may happen, it most likely will not though.

Not having had disciplinary issues helps, because it makes you NOT someone that the commander wants to see suffer. You either have no relationship with the command at all (neutral) or it is good.
Customer: replied 5 years ago.
do you think i have a probable case? im trying to avoid conflict if possible.
The problem here is that I don't know your commander.

Separations like this are discretionary. The commander doesn't have to let you go. So, unlike a situation where a judge is deciding your "case," you have a commander making the decision and that can't be questioned. No matter how strong your evidence is, the commander doesn't have to release you. You could also have a very weak argument, but the commander could be lenient and just let you go.

There is no way to predict a result when the key factor, the commander and his/her predisposition, is not known.

You certainly have facts that support that sort of separation, otherwise, I would not be telling you to submit the letter.
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