Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Back in October my brother and I decided to join the army…

Customer Question
Back in October my brother...
Back in October my brother and I decided to join the army national guard. We signed up at meps and attend two drill weekends through the months of October and November. We were scheduled to ship off to basic on the 23rd of November. My brother and I decided we had made a mistake and decided to pass on the opportunity to attend basic. As a result, the guard wasn't to happy about it and did everything in there power to convince us we were making a huge mistake. However, we had already seeker plenty of legal advice from military lawyers like yourself so we new we were in the clear. Its been over two months since my brother and I have had contact with anyone from the guard. We haven't attended the two drills since and haven't heard anything. However, they already knew that because we told them we were no longer interested and it was the lawyers advice to no longer attend. Our third drill since skipping out on basic is this current weekend. The reason why I'm contacting you is because I received a call from a sergeant from the guard on Friday afternoon which would be yesterday. It was nothing negative. However, he wants my brother and I to stop in tommorow for a face to face visit so I could sign and they could get the discharge process going. Here's my questions to you.
#1: do I even need to be discharged since I never attended basic?? If so I would hope to receive an uncharacterised discharge with an entry level seperation. Is that would I receive??
#2: if I do need to be discharged do my brother and I actually have to go down there and sign a form for the process to take place or could my brother and I just avoid them completely and will they just discharge us on there own with out a face to face or a signature??
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 18 minutes by:
2/21/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,354
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, you have to be discharged. When you signed your initial paperwork, you joined. This is different than active duty people, that don't officially join until they show up for basic training. You are in an must be discharged. You will receive an uncharacterized discharge.

You may not need to go down there, but it is in your best interest to sign the documentation so that it can be processed quickly. They could ultimately separate you without your signature, but if you upset them they might choose not to separate you. Then they can issue an warrant for your arrest and just leave you on the books. If you get pulled over after that, you'd be placed under arrest until the military let them know that they couldn't actually convict you and to let yo go. It's in your best interest to just go down there and sign the documents.

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
Customer reply replied 2 years ago
When my brother and I go to sign the discharge paper work how do we know we're getting the proper discharge?? I expect to receive an uncharacterised discharge with an entry level separation. But neither of us understand the paper work, so how do we know there telling us what we want to hear and were signing something else?? Should I bring legal representation or could they be trusted??
Also, if they don't offer the discharge we want what should we do?? Should we not sign and comeback with legal representation??
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Because they legally have to notify you of the discharge basis on what you are signing. You don't just sign a blank check for them to do whatever discharge they want.

The basis for the discharge will be obvious. You don't have to be a lawyer to read it and understand it. You can't bring legal representation, but you do get a chance to take the paperwork and review with counsel before signing it, if you wish.

If they don't offer the discharge you want, don't sign anything. Of course, they'll be able to try and give you the more negative discharge without your cooperation.

Ask Your Own Military Law Question
Customer reply replied 2 years ago
if they offer a discharge we don't want we have the ability to then go and get proper legal representation in order to try to better ourselves before signing??
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Once you are in the discharge process, whatever they decide to try, you can get representation...yes.

Ask Your Own Military Law Question
Customer reply replied 2 years ago
Ok thank you. I know u can't give me a guarantee. But if you had to take a guess do you believe that it would be uncharacterised discharge with an entry level seperation.
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Yes. We have discussed this before, numerous times and we've come to the same conclusion each time...with multiple different attorneys addressing this question.

I don't really have anything new to add to that analysis.

Ask Your Own Military Law Question
Customer reply replied 2 years ago
I apologize, it's been a while just refreshing myself. Last question, The uncharacterised discharge with an entry level seperation is the best possible out come right?
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

No need to apologize. I'm not annoyed or upset and I'm sorry if it came across that way.

I'm just stating that nothing has changed from our previous analysis. Having us say it again isn't going to make it any more certain than it already is.

But yes, once again, that is the best possible outcome and the most likely.

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?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,354
20,354 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

20,354 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 discharged with a dd258a discharge. Can i get this
I was discharged with a dd258a discharge. Can i get this reversed? I was youg and afraid and at 63 I regret what i did ? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I received an OTH discharge in Feb. 1973 from the Army. is
I received an OTH discharge in Feb. 1973 from the Army. is it possible to upgrade without benefits? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have an other than honorable discharge from the Army back
I have an other than honorable discharge from the Army back in 1988. I was newly wed, and when I terminated my jump status with the 82nd Airborne, I was suppossed to transfer, unaccompanied to North K… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My brother is in the army and is separated from his wife and
my brother is in the army and is separated from his wife and paying the spousal support he's supposed to but his spouse isn't paying the joint bills and claims to have opened new accounts in his name.… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
Was active army 84 to 87 with honorable discharge. went into
hi was active army 84 to 87 with honorable discharge. went into the reserves but was unable to fulfill my obligation do to becoming a merchant marine and therefore unable to attend meetings etc. recei… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I may be receiving a 5-17 discharge from the army and I am
I may be receiving a 5-17 discharge from the army and I am wondering how this may affect my future. First off, I have spent 9 years in the active and reserve components. I was active for 4 years, rese… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
I am pending separation from the army for a commission of a
I am pending separation from the army for a commission of a serious offense involving alcohol, my packet is currently with the gcma however it has been almost a full year since the separation process … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
I too was discharged with a General Discharge under
I too was discharged with a General Discharge under Honorable Conditions. Item f. on the DD214 provides the code DD257MC. I too am concerned about its true meaning. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
I got an uncharacterized discharge, separation code JFW,
I got an uncharacterized discharge, separation code JFW, with a RE-3 … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am a army paratrooper 1978-1981. Honorable discharge. when
I am a army paratrooper 1978-1981. Honorable discharge. when i signed up i was to be covered full medical for rest of my life...also dependants and spouse... I had a heart attack 2012 and wanted to go… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was discharged in basic on a Entry Level separation in
I was discharged in basic on a Entry Level separation in 1987-1988 but my DD214 was lost in a flood of my house in 2006. How can I obtain it ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
Separated in June 2014 with honorable discharge but under
Hello, separated in June 2014 with honorable discharge but under narrative reason it states unacceptable conduct. I am currently researching whether it is worth it or not to pursue a board in order to… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
I was discharged from the army fall of last year after a 17
I was discharged from the army fall of last year after a 17 month deployment that involved being involuntarily extended and transferred. At the time of my discharge I was told I had no debt and given … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am attempting a hardship discharge from the Army Reserve.
I am attempting a hardship discharge from the Army Reserve. My request was denied. I am looking for assistance in preparing the letter and supporting documentation necessary if any and what my legal o… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was recently discharged with entry level separation,
I was recently discharged with entry level separation, fraudulent enlistment from the Air Force because of a history of self harm and unstable mental illness. I exaggerated because I wanted to get hom… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
Is it true that army in Syria have to pay for leave to come
is it true that army in Syria have to pay for leave to come home or is this a scam. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was discharged from the army in nov 2005, with an other
I was discharged from the army in nov 2005, with an other than honorable (In lieu of court martial) with an re code 4. I made mistakes that I can't take back and I wish I could. It's been 12 years sin… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,354 satisfied customers
I was discharged from the army national guard as an enlisted
I was discharged from the army national guard as an enlisted member (I believe a RE-4, but not completely sure) for popping hot on a drug test. I was of course dumb at the time, but after this inciden… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 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