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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19318
Experience:  Lawyer and current JAG officer.
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I am in the process of returning home now I have to wait to

Customer Question

I am in the process of returning home now I have to wait to sign my stop pay long will it take for me to go home....I'm discharge cause of asthma
JA: Are you overseas or stateside?
Customer: Stateside...I'm in south Carolina I didn't get a chance to go to basic
JA: Have you talked to anyone in the chain of command about this?
Customer: No but I have talked to drill sgts and they not giving me a answer I been waiting for over a week now
JA: Anything else you want the lawyer to know before I connect you?
Customer: Could my process go by fast cause I really need to get home
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.

Unfortunately, there really is no way to speed this process up. Until you are separated, you are still in the military. This isn't a criminal law matter, so there is no constitutional speedy trial clock that applies.

There is also no regulation that mandates to commanders how long this must take. Certainly, there are some guidelines, but as commanders are so fond of reminding me when I tell them they need to get me something, they are just guidelines and commanders have the discretion to do what they think is best.

I guarantee you, if you try to push this matter it will be slowed down on purpose. They want to release you, because they do have to answer for why you are still on their books, but they will do so in their own time. You just need to be patient. A week is really not very long, in terms of the legal world. I've seen these takes many months.

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 three, a four or preferably a five star 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.

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.