Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I Joined the Army National Guard initially with a three year

contract and then re-enlisted with...
I Joined the Army National Guard initially with a three year contract and then re-enlisted with a six year contract and completed a year long deployment overseas and received 50% of the GI bill which I have not yet used. I now have over four years left on my contract but I will be leaving the United States permanently within this year for work in Asia and will never return to the U.S. ever again. What would be the best way to get discharged with it having the least affect on my record and possibly any way I could keep my GI Bill or other benefits? I have heard that if you fail your PT test by being overweight you could get a medical discharge and keep your benefits. Is it difficult to get a medical discharge? Would suffering from clinical depression be a way to get a medical discharge? What would happen if I just left the country and never returned and never informed my chain of command?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 6 minutes by:
9/13/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
Experience: Lawyer and current JAG officer.
Verified
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

You don't get a medical discharge from failing PT tests. You get a medical discharge when your doctor notes certain limitations in your medical records and then recommends separation based on your inability to meet standards. It's not hard to get a medical discharge if your doctor actually pushes for it and your commander is inclined to grant it.

If you just fail PT tests, your discharge would be for PT test failing, a performance discharge. It would likely be General rather than Honorable, so you'd lose your GI Bill benefits. This is also easy to get, because you just have to fail to meet the standard. Getting an honorable in this situation would be very hard.

If you just left the country, never to return, you'd wouldn't be pursued in any way. They'd likely just give you an Other than Honorable discharge which would stop you from getting any benefits. It wouldn't be considered a criminal act, so it wouldn't effect your travel. Now, technically they could list you as AWOL, not discharge you and purt a warrant out for your arrest. This was flag you for any attempt to reenter the U.S.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Is it difficult to get a medical discharge for a mental illness such as depression or is it fairly difficult? If one were trying to get out of the National Guard would failing the PT test be the best way?

It's not difficult to obtain, if the command is willing to grant it.

That's the issue. A doctor can't force a commander to do anything. A doctor can discuss with you the issue of depression and then, based on those discussions, make a recommendation to the commander. The commander can act on that recommendation or ignore it.

Failing PT tests is the safest way, because it doesn't subject you to any malingering charges (if they feel you are pretending on the medical front). It takes some time though, because they give you so many chances to correct your deficiency.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Ok. thanks. If I failed every PT test for a year would that most likely be enough time to get kicked out?

Yes, that would be enough. You typically only need to fail two or three in a row to be discharged.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

Do you know if they usually make you repay whatever Federal or state tuition assistance or GI bill payments that you had receive once you are discharged for failing the PT test?

They don't make you repay GI bill payments.

They do make you pay any state tuition assistance if you failed to meet the time frame of required service following the payout on those.

I had to pay back tuition assistance from the National Guard myself, even though I ETS'd and wasn't discharged. No one explained to me that I had to renlist to extend my service time beyond a certain time period to retain the tuition assistance.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,431
19,431 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. 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

19,431 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 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
I was eondering about medical discharges, see i have a bad
I was eondering about medical discharges, see i have a bad back and i was cutious if that can get me medically discharged if i see the doctor, i havent seen them yet … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My daughter is being medically discharged from basic
My daughter is being medically discharged from basic training. She had a internal ruptured bleeding hemmroid. They denied her first waiver and she went for another one but they told her that she would… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 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 went awol from the California Army national guard in march
I went awol from the California Army national guard in march and have not returned because I was diagnosed with asthma and was given a written note by my doctor saying no physical activities for speci… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
I had a question about medical discharges and the process
i had a question about medical discharges and the process given my situation currently … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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
My son was told that he was to be medical discharged from
My son was told that he was to be medical discharged from MCRD in San Diego. He sustained injuries to both his hips. They were stress fractures in both. At first they sent him MRP to heal for just a t… 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
19,431 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
1,759 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
19,431 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
19,431 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
524 satisfied customers
I was honorably discharge from the Army. I am attending
I was honorably discharge from the Army. I am attending college using my GI benefit. My exwife and I have a custody arrangement that states she gets our 4 yo daughter 40 % of the time, and she refused… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was honorably discharged from the Army in July 2016 with a
My name is***** was honorably discharged from the Army in July 2016 with a chapter 13. I was investigated for larceny by CID and they said it was founded and handed it over to my commander for action … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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