Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My son was told this morning he is being administrative

Customer Question
Hi my son was told...
Hi my son was told this morning he is being administrative discharged. Back in Aug he had a seizure and was told he has lqt syndrome and had a defibrillator placed in his chest. When he was released the navy moved him to job for sailors with medical issue for 6 months while they did genetic testing before it could go to the medical board for him to be medically retired. This has been a great stress on a 28 year old with 3 children. It got the better of him and he started drinking alot. I had hi put in sarp for 35 days came out with great intentions but 2 days out and his wife left him and took his kids to another state. He went ua for 2 weeks though stayed in contact with his comand. She took the only vehicle and all his money so he had no way of getting an hour to work more stress. He started drinking again and threatened suicide so I contacted the navy suicide hotline and they put him in 72 hour psych ward. He was released to command who took him home.he went to work this morning and his chief told him he was being administrative discharged. Can they do this since he was waiting on his medical discharge
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 10 minutes by:
2/10/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,636
Experience: Lawyer and current JAG officer.
Verified

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.

Yes, they can discharge him even though the medical discharge was already in the works. Nothing in the administrative separation laws considers the time placement of discharges being considered. The laws also don't require that the most favorable discharge available be given. In fact, the rule moves in the other direction, requiring the command to give the lowest appropriate discharge status.

In this situation, the command can legally push forward an administrative discharge based on the misconduct. Now, when you have situations like this with both a medical and misconduct based discharge, they are dual processed at the same time, and a higher level of the military determines which is given. When the misconduct is directly related to the medical issues, or has some connection, they tend to allow the medical separation over the misconduct based one. That isn't a guarantee, but it is possible and certainly something that is taken into consideration before a separation is completed.

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.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,636
20,636 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

15,273 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

20,636 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 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 have told my command I do not want to be in the us navy
I have told my command I do not want to be in the us navy anymore, but they basically ignore me and everything I do to give them a reason to discharge me. They may push me to the point of committing A… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I've been diagnosed with personality disorder by the navy
I've been diagnosed with personality disorder by the navy after sent to LIMDU. Prior to that it was PTSD and anxiety. I'm a female navy sailor. I was raped during and overseas port call in 2012 and I … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hi my friend is in the navy. He's been in for 4 and a half
Hi my friend is in the navy. He's been in for 4 and a half years, just re enlisted last year so three more to go. He voluntarily admitted himself to the navy rehab center a couple years ago, due to ma… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,636 satisfied customers
I have a sailor who completed SARP inpatient over a year ago
I have a sailor who completed SARP inpatient over a year ago and completed all of his aftercare. Shortly after his aftercare was complete he wound up going to the hospital after being found passed out… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,636 satisfied customers
I went into a depression 6 months ago and it got really bad.
I went into a depression 6 months ago and it got really bad. I started using alcohol and drugs alot because I simply did not want to live anymore. Had a few minor incidents where I popped on a medical… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have 3 NJP 2 where ARIs one in Jan of 2011 which did not
I have 3 NJP 2 where ARI's one in Jan of 2011 which did not result in treatment and I was deemed not alcohol dependent. One in July of 2013 where I went to treatment iin September 2013. I recently com… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am currently in the process of being discharged from the
I am currently in the process of being discharged from the navy due to a positive urine analysis. I was sent to SARP, substance abuse treatment program and completed the program. While confiding in my… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I recently received a battalion-level NJP for going UA, and
I recently received a battalion-level NJP for going UA (was actually desertion, three months UA, but the NJP was lowered so I'd accept it), and when I spoke to the Chaplain I admitted to suicidal thou… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son who is in the navy was arrested and charged w/
My son who is in the navy was arrested and charged w/ burglary 1 and confessed everything to the detective that questioned him. He pled no contest at his arraignment and is out on 15K bail. He was usi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hello I am a the mom of a Navy sailior that was diagnosed with
Hello I am a the mom of a Navy sailior that was diagnosed with depression after trying to comit suicide by taking a bottle of Iboprufen. He is an MA in the Navy. He was offered consultation for 6 sess… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Hi my son is currently in the Navy, he is at Great Lake Naval
Hi my son is currently in the Navy, he is at Great Lake Naval Station, he graduated basic training on March 11, 2011. He is being charged with giving alcohol to underage service men. He is being held … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I was being discharged from the navy on a hardship. this process
I was being discharged from the navy on a hardship. this process was going on for over 3 months, everything was approved but yet i was not discharged.I kept going to my chain of command and they just … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is a Chief Boatswains Mate serving in the Navy for
My son is a Chief Boatswain's Mate serving in the Navy for the last 15 years. He was picked up in a sweep urine test as having ingested an amphetamine tablet, and has been informed he is to be dischar… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son has been in the Navy for a little under a year and has
My son has been in the Navy for a little under a year and has become disiilusioned with the navy. He claims that he filed a request to be let out of his serivce committment. I fear something else has … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son has been in the Navy now for about 5-1/2 years. He
My son has been in the Navy now for about 5-1/2 years. He married a girl from Australia and they now have a 6 month old son. She has moved back to Australia and wants to remain there. He has been so d… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
what is the likely result of a 21 year old, guilty of DUI and
what is the likely result of a 21 year old, guilty of DUI and assault, where the individual had a previous episode of getting drunk when underage. This person is now extremely remorseful, and would li… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
My son is in the Navy and he and a group of friends went out
My son is in the Navy and he and a group of friends went out and smoked Salvia at a hookah lounge. One of the other sailors with them did not smoke and reported the group to his command. My son had ma… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
my son is at Navy Boot Camp. Years ago he was misdiagnosed
my son is at Navy Boot Camp. Years ago he was misdiagnosed as bipolar. he has not taken medication or seen a therapist in years. His symptoms were due to family stressors. He is doing well in boot cam… read more
rcampione
rcampione
Military Lawyer
Doctoral Degree
187 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