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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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Received the AR 135-178 chapter 13, same ask previous posting.

Customer Question

Received the AR 135-178 chapter 13, same ask previous posting. The problem I am having is that I asked if I could have a hardship. I was told to submit a letter and it was ok. I was never told that I would have to go through all of this. One month later I turned in my equipment and was told that I would receive an email that I was clear. What are my options?
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, just received certified mail today
JA: Anything else I can tell the Military Lawyer before I connect you two?
Customer: No ma'am, I have never gone through something like this... just worried
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and connect you two.
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. I'm not 100% certain of what your question is here, but it seems that you asked about one type of separation but received another. You wanted a hardship separation, but received one for unsatisfactory participation. What you have to understand about separations is that they are not something that you have any specific right to receive. Commanders are not required to respond favorably to a request for a hardship separation. If they would prefer to retain you, they could. If another separation status is applicable, they can choose whichever separation status that they wish. My point here is that the fact that you requested a hardship separation and received a different status is not automatically illegal; however, it could be. Your recourse here is to file a DD Form 149 with the records corrections board, arguing that the discharge status/type that you received was an injustice. You had not agreed to that separation status and any lack of participation on your part was due to command appearing to support the hardship separation and not properly counseling or explaining what discharge would result. 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.
Expert:  Allen M., Esq. replied 1 year 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.

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