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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19203
Experience:  Lawyer and current JAG officer.
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I'm trying to voulenterly get out of the army with out

Customer Question

I'm trying to voulenterly get out of the army with out having to fail the two PT tests. Wondering if you can give me a article that would fit for me to get out
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Military law doesn't work like that though, as I recall from my enlisted time frame, many suggest that it does. There simply are no loop holes for separation anymore, other than committing a criminal offense which would get you separated quickly. After almost 3 decades of constant conflict, the military has figured out the typical loop holes used by the typical soldier trying to get out, and they've shut them all down.

So, the only way you are going to be leaving sooner than failing two PT tests is if your commander chooses to separate you. There is no Article that can compel your separation, so you need to not think of it in those terms. Separations are done at the commander's discretion.

Things that can result is slightly more quick separations would be personal family hardships at home that require your presence or immediately psychiatric issues that show suicidal tendencies. In both of those instances, the underlying facts to support the separation are scrutinized closely. You actually have to have a family hardship that be quantified. Faking a psychological exam is difficult because most people 'over indicate' as many symptoms as possible, trying to guarantee a diagnosis, but that ends up invalidating the test.

The remaining methods take as long as the PT test failure (conscientious objection, gaining weight, skills tests failures, minor disciplinary issues). All of these have long term counseling and evaluation processes, due process requirements before separation, etc. So, even if you could establish any of these, they take at least a year to accomplish.

Even with the drug test failure, you have to potentially go through local disciplinary actions first and possibility a discharge board, and then you have a negative discharge that can effect your civilian career.

Simply put, what you are looking for does not exist unless your commander is actually personally motivated to let you out AND wants you to get a good discharge on the way. If your commander was willing, you could be out in a month based on a "personality unfit for military service" type separation that would allow an honorable discharge. But that is entirely at the commander's discretion and if the commander isn't willing to separate you, not even the PT test failures would force him to do it quickly.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 year ago.
Expert:  Allen M., Esq. replied 1 year ago.

Yes. I have responded to your question. Did you have a question?