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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19217
Experience:  Lawyer and current JAG officer.
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I'm in the Indiana National Guard and I have gone AWOL for

Customer Question

I'm in the Indiana National Guard and I have gone AWOL for 4 consecutive drills. My company commander called me yesterday to report in and sign in for an article 15. I currently attend mental health psychotherapy at the local VA facility. I had brought to the attention my concerns that I feel I cannot control my emotions and anger and that I feel I am at the point that I might hurt someone. Thats when I decided to take my self out of that hostile environment. Not sure what to do at this point in regards ***** ***** out of the ANG? please advise?
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. While I certainly appreciate and understand the desire to remove yourself from a hostile environment, that is not a legal argument against receiving the Article 15. If medical personnel had made the recommendation, then you'd be in a different situation. While your medical situation is a reason and helps to potentially reduce any potential punishment, it is not a defense which disallows punishment. I just want you to understand that, because you really don't have many options here. You can't compel a separation. Administrative separations don't work that way. Command always has the discretion, except when they are required to process a separation (in the event of drug use, they must do so). All you can do is present the facts that would support a separation (your current medical situation) and command can choose to process a separation. So, your choices here: 1. Present yourself to accept this Article 15 and then make a request for a separation on the basis of your medical conditions. This will result in punishment under Article 15, but potentially a more favorable separation that allows you to maintain your VA benefit to medical care. This doesn't guarantee a separation, but it places you in the best position to receive a more favorable separation. 2. Don't present yourself for the Article 15, which will then allow command to process an administrative separation in your absence. That separation can be at the Other than Honorable level, which could result in your losing access to the VA. Command could also go an even more detrimental route, issuing a warrant for your arrest which and attempting a court martial, though this is rare. I certainly understand that neither option here is desirable, but you have to weigh the two options and decide which option you'd rather face because it is going to be one of the two. 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.