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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19223
Experience:  Lawyer and current JAG officer.
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How do I get out early, North carolina, No, I've just hated

Customer Question

How do I get out early
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: North carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I've just hated my life since I got in. I've just gotten into some trouble and it's not helping. I just want my life back
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.

What you have to understand about separations is that they are done at the discretion of your commander. There is no method of compelling separation short of testing positive for a drug, which requires a commander to initiate separation.

Otherwise, the commander can only have separation recommended to them. The common methods are to go through medical, noting your depression, and using the doctors to recommend separation based on not being a good military fit. One your facts, you can use the medical staff and also approach the chaplain's office to express your depression and desire to get out because of it.

All medical and the chaplain can do though is make a recommendation to your commander which your commander can accept or reject.

I wish I could tell you differently here. I would prefer the military be entirely volunteer, but given the near constant state of our combat operations over the last few decades, all the old "loop holes" for separation have been closed. They simply don't apply any more, legally speaking.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 year ago.
Is there some kind of more better way. One that may be more guaranteed than others that could get me a decent discharge that won't affect my career. Like the chaplain. If I were up front about my desire to get out. How I'm always depressed and can't stand work. I left on siq not knowing I was gunna get in trouble got a speeding ticket. Now I've got charged with 3 different articles. That's bad so can't it help persuade I'm not worth keeping.
Expert:  Allen M., Esq. replied 1 year ago.

Depression is the most likely to result in separation.

However, when you ask if there is one more guaranteed than another, you appear to be missing my response here. None are guaranteed at all. All separations are done at the discretion of the commander.

I agree that getting into trouble certainly makes it more likely than not that you'd be separated, but that just is not a guarantee. If a commander thinks you are getting into trouble just to get out, some will choose to keep you out of spite and just punish you locally to make your life miserable.

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 after the response I previously provided to you. 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.