Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I'm looking way our of the national guard. It is conflicting

Customer Question
I'm looking for a way...
I'm looking for a way our of the national guard. It is conflicting with my civilian job and causing me to lose too much money.
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best.
Customer: I travel the United States for work, which means I have to plan time off for my drill weekends which causes me to have to take more days off from work to begin with. Now this month I have to take off entirely for annual training. Didn't sign up for full months out. I'm losing roughly $10,000 by doing this.
JA: Is there anything else the Military Lawyer should be aware of?
Customer: I just got out of active duty last September. I'm not sure if they are supposed to be touching me for stuff like this for at least 2 years as well.
JA: OK. Got it. 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 then connect you two.
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
5/3/2016
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,446
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. Unfortunately, the legal loopholes that exist for separation are the tools of commanders, not the soldiers. What that means is that, if your command agrees, you absolutely have the facts that would justify a separation. You could make an argument for financial hardship, present paperwork to show that, etc. However, the problem with this type of separation is that, if the command is not behind it, it won't happen. There is no legal method to compel separation. There are simply options that the commander has available to him/her, provided you meet the facts to allow it. Even if you meet the facts, the command is not obligated to separate. Very few things legally compel a commander to even process a separation. Drug use and a civilian conviction, neither of which would result in a good situation for you. About the only other option you have here is to simply stop going. This is also problematic, because depending on the commander this can result in a negative discharge at best (a General or Other than Honorable) or a warrant being issued for your arrest, at worst. Now, the criminal law route is very uncommon and depends entirely on the motivation of the commander, because it is not easy to do. JAG's discourage it in the NG, because it's not really a practical option, but just as in separations, commanders are in charge of what action takes place. Commanders can and will (and have) ignore our advice and try things the hard way. If a warrant is issued, usually what happens is you go on with your life and then, perhaps a few years from now, you get pulled over for speeding or swerving or whatever, and then are placed under arrest for having an outstanding warrant. Even then, they rarely process a court martial and end up just separating you with an OTH following a board hearing, but it can be a major inconvenience. I know this is not a very favorable response. I wish I could tell you differently. I certainly understand the impact service can have on certain types of work. However, this is the truth of the law. 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 1 year ago
Another thing is I got my full set of orders for this AT yesterday. How much time are they required to give?
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
There is nothing in the law that mandates how much notice you are supposed to be given. They can technically call you the day of and ask you to report. Now, in operation they don't tend to do that, but they could. The USERRA act protects your employment from termination, so the government can take the position that they have priority. The employer legally has to simply accept the orders, grant the time off and not punish you for it or they are subject to the Department of Justice coming after them. For this reason, knowing that you are protected by that law, commander's don't typically accept employer issues as a basis for separation.
Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer 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.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,446
19,446 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

19,446 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
In 2010 while awaiting General Courts Martial I received my
In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being asked if I have been subject to court martial or
i am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in b… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
At what point is a soldier entitled to receive legal advice
At what point is a soldier entitled to receive legal advice once she is informed she is being separated under chapter 9? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,446 satisfied customers
Me and a friend ( soldier ) were given a piece of paper with
Me and a friend ( soldier ) were given a piece of paper with guidelines on how a no contact order works, I never signed anything, he never signed anything, and the commander never signed anything, and… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,446 satisfied customers
Can you be discharged from the military for being diagnosed
Can you be discharged from the military for being diagnosed with adjustment disorder with depressed mood? And what type of discharge does it warrant?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I was discharged with 30 years of service general discharge
i was discharged with 30 years of service general discharge under honorable condition can i apply for military retirement pay and benefits … 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
19,446 satisfied customers
How can i tell what kind of court martial i received from my
how can i tell what kind of court martial i received from my dd214? above court martial it says SPSCMONO 94-500 DTD 94JUN06 and a separation code I can't find? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,446 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
What if a soldier spreads a rumor about another soldier, and
What if a soldier spreads a rumor about another soldier, and the leadership of the somdier hears about it. Can the leadership attempt to get that soldier in trouble?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
What can I do if my court-martial request is not honored? An
What can I do if my court-martial request is not honored? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am going to a court martial for assault and I was
I am going to a court martial for sexual assault and I was wondering if I am found innocent what exactly can I sue the other service member for? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I had a court martial back in 1988, the result was BCD. My
i had a court martial back in 1988, the result was BCD. My first discharge was in 1982 . My question is do the first discharge court for anything. I recieved the BCD with no jail time . what are my ri… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can a soldier still get court martialed for a domestic
Can a soldier still get court martialed for a domestic violence if he didn't get charged with it civilian side ? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 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