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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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, Yes, my spouse is a reservist and back in

Customer Question

Customer: ***** ***** Deployment
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, my spouse is a reservist and back in August he volunteered for a deployment. He was not on the list he was told. So a week ago he was advised he is now on that list. I have been having medical issues and I was trying to see it be delayed for any reason. he does not want to be discharged just delayed. He is the main financial support an I will be missing a lot of work over the next few months
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Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

Thank you for your question.

He should discuss your issues with his command, but, as a reservist, if he volunteered for deployment orders, he can refuse to execute them.

That said, if he refuses orders, it can adversely affect his career. If the command agrees to pull his orders because of your issues, it will not adversely affect his career.

Customer: replied 1 year ago.
He did speak to his command and just stated he volunteered for this deployment and that he has personal issues. He did no elaborate. They were denying he volunteered. They said that unless he filed hardship or congress allowed to get out of them. Congress not happening. When I research the hardship, it keep mentioning discharge. He loves it an does not want to be discharged. Is it possible to file a hardship delay. The deployment is not until later this year.
Customer: replied 1 year ago.
Do these post remain private?
Expert:  Peter Griesch replied 1 year ago.

The posts are public. If you need to discuss something in private, I can offer a phone call, but Just Answer charges an additional fee.

If the command wants to allow him to stay behind, it can do so. Obviously, they are not cooperating. There is not a mechanism for requesting hardship to get out of a specific duty assignment. Instead, requesting hardship means, for example, because of a family health issue, you're unable to serve, i.e., you cannot meet your contract obligations and need to leave the service. If granted, you're given a good discharge characterization, but discharged for hardship.

Expert:  Peter Griesch replied 1 year ago.

If his immediate command is not cooperating, and you can document the family issues, he can make an Art 138 complaint to the commanding general of his unit and explain the reason he cannot deploy, and ask the general to intervene. The general doesn't have to agree to assist or direct the command to allow him to remain behind, but he does have to respond to the complaint.

Expert:  Peter Griesch replied 1 year ago.

If you have any additional questions, please let me know.

If not, please rate my response with the star rating above. I only receive credit from Just Answer if my response is rated.

Thank you.

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