Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I had 3 years active duty time, 3 moss. National guard is

I had 3 years active...
I had 3 years active duty time, 3 mos's. National guard is attempting to discharge me for failure to ist. With everyone returning from deployment, theres apparently no slots available for me. My old platoon sergeant wants me out, however, my state ist coordinator is attempting to help me stay in. Will I lose my gi bill, and health benefits if I'm discharged? I only have 1 year in the national guard.
Show More
Show Less
Ask Your Own Military Law Question
Answered in 18 minutes by:
8/21/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,557
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,

Thank you for the information and your question. Are you saying that you have prior active-duty before the Guard? Did you receive an honorable discharge from the tour? When you ask about "health" benefits, do you mean VA medical care?
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Yes, I did receive an honorable discharge from active duty. Yea, I do have full healthcare benefits, as well as my post 911 gi bill. I want to stay in the national guard, but it seems as if I'm being involuntarily pushed out. I feel this would be an unacceptable waste of taxpayer dollars if I'm discharged. Will I lose any of my benefits if I'm discharged? What can I do? New york has claimed to not have any slots. So my platoon sergeant from wa is pushing me out!

Hello again and thank you for your reply. I can't really address the issue of retention, since I would have to have all of the facts, including your file, the manning information of the Command, and the facts from the Commands perspective. However, I can say that all the Services, including the Guard, are having to cut personnel numbers because of budgetary issues. However, if you have a legitimate issue with your platoon sergeant, then you should put in a request for a face to face with your Executive Officer or Commanding Officer and make your case for retention.

That said, assuming that you are discharged, you would not lose your post-911 GI Bill since you have an honorable discharge. Nothing can take that away at this point. In addition, you would still be entitled, like all other honorably discharged servicemembers to VA Medical Care. So, your discharge would not effect those two issues.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

I'm grateful for this, however, I'm still having trouble understanding what this discharge means. I'm obligated to serve until march 2015, and this discharge will end my military career early, for a failure to ist. the ist is failure to interstate transfer. No counselings or non judicial punishments have been imposed on me. The wa state ist coordinator simply stated the process request was for a failure to ist, plain and simple. For me, this is about finishing my career the right way, and I feel this isn't right.

I understand your position, but as I mentioned, there are manning and budgetary issues driving these issues. There are many servicemembers being sent home early against their wishes. As I also mentioned, if you believe that there is mistake here or some one is targeting you wrongfully, then your recourse is to ask for a face to face with your CO. This is not going to be an adverse discharge if that is what you are worried about.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Sorry, I meant to clarify I'm attempting to transfer to the state of new york. The ny state coordinator informed me of no slots being available in new york, to which my platoon sergeant submitted the failure to ist discharge. Recruiters have also informed me of not being able to slot me a job, due to soldiers returning from mobilization having mos priority.

Alright, well I still can't address this issue and you will still need to address it with your CO. The original question you asked was about your GI bill and medical benefits, and I did address that. Unfortunately, I cannot guess about an issue I just don't have the necessary facts for. The appropriate recourse though is to address your issue with your chain of command.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,557
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,557
20,557 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,557 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Can you keep the GI Bill after UA cause for administrative
can you keep the GI Bill after UA cause for administrative sepratation … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My husband was honorably discharged in April. He has been
My husband was honorably discharged in April. He has been dishonest regarding his mental health issues and has been destructive since his discharge. He also committed adultery. Is he able to be held a… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
378 satisfied customers
I was in the Marine corps 1984-1988,(honorable discharged).
I was in the Marine corps 1984-1988,(honorable discharged). Later on I enlisted in the army reserve, with no activation. 1996-2000(honorable discharge). I have worked for 22 years in my job, I have had multiple sclerosis for 18 years. I am now on short term disability through work. I have been diagnosed since 1999. Wanted to ask if the VA would offer disibility. Or would I be SOL. Thank you. Regards … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was honorably discharged with a personality disorder back
I was honorably discharged with a personality disorder back in 2010. I wanted to see if the “personality disorder” diagnosis could be removed. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I received an honorable discharge with an re-4 code for
Hi, I received an honorable discharge with an re-4 code for alcohol rehabilitation failure back in 2006. Since my discharge I have stopped drinking and have had no further incidents with alcohol. What… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I got an honorable discharge certificate but when I went to
I got an honorable discharge certificate but when I went to VA small office to get a copy of my DD214. The guy who took care of me said I had uncharacterized discharged and I have to fill out a form? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was honorably discharged from the Marine Corps. with an
Hi, I was honorably discharged from the Marine Corps. with an re-04 reenlistment Code. I've read that it means I was discharged while being not recommended for reenlistment. Does that mean I would nee… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I have an honorable discharge for weight condition. the AF
i have an honorable discharge for weight condition. the AF doctor's diagnosed me with hashimoto disease for thyroid. It was found while on active duty as well as having asthma. Can i get this changed … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Just want to see if I was honorably discharged. Stateside,
no, I'm disabled, was wondering if I could get in to the VA hospital … read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
How do you find out who someones commanding officer is?
how do you find out who someones commanding officer is? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was Honorably discharged in 1976 under AR-635-200 Para
I was Honorably discharged in 1976 under AR-635-200 Para 5-37 SPD JGH. What is this reason? I was having anxieties issues … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I received an Other Than Honorable discharge in 2003 after
I received an Other Than Honorable discharge in 2003 after failing a urinalysis. Is there any way for me to upgrade my discharge? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Was in usmc from 78-85. Honorable discharge. was reduced
Was in usmc from 78-85. Honorable discharge. was reduced from e5 to e4 njp back in 1984 in the usmc for a positive unrine test for drugs. Never did drugs in my life. Provided a polygraph showing same.… read more
Marsha411JD
Marsha411JD
Lawyer
20,557 satisfied customers
I have an honorable discharge from active duty. Then I
I have an honorable discharge from active duty. Then I joined the Guard the day after getting out. A year later I got diagnosed with diabetes. I asked for a medical discharge from the Guard and have b… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I received an Other than honorable discharge from the Army
I received an Other than honorable discharge from the Army and I am in my last year of law school I decided to tell my law school in case the bar came back to them for anything can they kick me out fo… read more
Michael Gonzalez
Michael Gonzalez
JD
525 satisfied customers
My wife was discharged with an honorable discharge after she
My wife was discharged with an honorable discharge after she became pregnant in 1966 per section C, AFM 39-10. She was a r … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son received an honorable discharge for misconduct last
My son received an honorable discharge for misconduct last month. He 4 years were up at the end of this month. … read more
Marsha411JD
Marsha411JD
Lawyer
20,557 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x