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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19312
Experience:  Lawyer and current JAG officer.
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I was wondering about an els, I've been in 6 months and was

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I was wondering about an els , I've been in 6 months and was wondering how it would work
JA: Are you overseas or stateside?
Customer: Stateside and I'm sorry less than six months , I think tommorow is my 100 day mark . I just don't think this is the life for me and would like out
JA: Have you talked to anyone in the chain of command about this?
Customer: Not yet I was planning on talking to my Chaplin about it tommorow , I was just doing research about it tonight and wanted to see how it would really work or if I would get a failure to adapt or an els
JA: Anything else you want the lawyer to know before I connect you?
Customer: No but would I just be messaging him on this site ? I'm not really in a place I can talk but I can message on here fine

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.

A very common misconception is that a person with less than 6 months qualifies for and can obtain, upon request, a separation under Entry Level Status. That's really not true. An ELS separation is a tool that commanders can use, when they choose, to separate someone that is not fitting into military service. The ELS is actually the characterization of the service, not the basis for the separation.

Honorable and General are other characterizations. An ELS just means that you haven't been in long enough to have your service really characterized. There still has to be an underlying basis for separation that the commander can use to separate you, like hardship or failure to adapt.

Working through the Chaplain can help, but only if your commander is willing to separate you. If your commander is not, you won't be separated at all.

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.

Customer: replied 1 year ago.
there is a chance I can not leave the army ? Even if I want to

Yes, that's correct. Wanting to get out does nothing to force a command to let you leave.

Once you show up at basic training, you remain at the will of the military (more specifically, the commander you are under). While they can certainly choose to separate you, they can't be compelled to.

Customer: replied 1 year ago.
Is what your saying that even if I'm unmotivated to complete my 4 yr term they can legally force me to stay even if I show signs of not wanting to stay and have family and other issues going on back at home ? How rare is it that they would force someone to stay who doesn't want to ? To a certain degree wouldn't he want someone out who doesn't even want to be there

Yes, they can legally force you to stay.

If you don't do the things they tell you to do, they can court martial you for disobeying orders (Article 92 of the UCMJ).

It's not rare at all for them to force people to stay even when they don't want to. In fact, it's the norm. It's rare for a commander to separate someone simply because they want to leave. Commanders separate people for medical reasons, hardship reasons (like losses in your family) or misconduct reasons. They don't just let people leave.

Customer: replied 1 year ago.
Another question , I have talked to my chaplain about sucidial problems . What kindove discharge would I get for that if I had him release his confidentiality , I've been having this problem since I joined the army and never before I joined . I don't want to release it if I can get my problem handled at simpler solution but the bot***** *****ne is I need out I more than hate it and it isn't for me by any means . What discharge would I get for that and how long would it take to our process ?

You would probably get a separation based on a personality disorder. It would probably still be an Entry Level Status, but again that is just the characterization of the service, not the basis for a separation.

The purpose for the personality disorder separation would be to ensure that you received a reenlistment code that wouldn't allow you to join any other branch of service.

There is no legally set time frame for processing a separation for depression. You'd have to go to medical, get their diagnosis, treatment options and recommendation, and even then the commander could still refuse to separate you, though that is not as likely.

it can take a few months to be separated from diagnosis to actual separation.

Customer: replied 1 year ago.
what do you think my best plan of action is if you were in my situation

I think that if you just go ask for a separation without an actual reason, you'd be shooting yourself in the foot.

Then, the next time you went forward with a reason, your commander would already be negative towards the idea.

If you are having depression issues, you should go seek medical assistance. That absolutely can lead to a separation from the service, so it's good for that reason, but even if it doesn't lead to a separation it can still assist with the depression itself, something else you should be trying to do here.

Customer: replied 1 year ago.
My only fear with that is that it will look bad when I go to apply for a job after I get out of the military , how bad would that hender my chances of getting a job I want ? And would I have to check the box that asks if I had served in the military since I haven't been in 6 months and haven't technically served since I'm still technically and in training soldier

It wouldn't really be accessible by employers.

Separations aren't public information. It would be in your record for military jobs, federal jobs or perhaps law enforcement, but most employers wouldn't be able to discover it.

You've been in long enough to have "served" in the military, so it would be false to say that you have not.

Customer: replied 1 year ago.
I would have to check the box but they couldn't access it other than asking me what the discharge was for

They could ask to see your DD Form 214, but they couldn't access it without you giving it to them.

While I understand your concern here, you have to understand that if you are going to try and compel the military to separate you due to depression, that will come with the consequence of some record being established that that was the reason.

Most employers will not care, because it isn't misconduct and it is understandable to many that being in a weird place, doing work you don't want to do, can cause depression. Some employers in certain fields though are going to care.

Customer: replied 1 year ago.
Thank you for all your help and your answers ! It has informed me a lot , I will let you know if anything else comes up that I need confirmation on !

Take care.

Please rate my service before you go.

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