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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34512
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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If humanitarian reassignment is applied for can the Navy

Customer Question

If humanitarian reassignment is applied for can the Navy force a member to be discharged.
JA: Are you overseas or stateside?
Customer: We are stateside, my active duty spouse is on sea duty set to deploy in a couple of months.
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes, my husband started the conversation last week.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The reason for possibly requesting is we recently lost our child. He was stillborn at 39+ weeks and I nearly died as well. I am still waiting to have surgery on a hernia that was caused by the uterine rupture. I also have MS and all the physical and emotional stress is causing worsening symptoms with that, along with a diagnosis of PTSD. His CO made it sound like he could be asked to leave the Navy. He is a CDR with 16 years in an exemplary record.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

The answer is no...not directly. That is, a request for reassignment is not a basis to separate a member.

That said, if the command has some other basis to separate the member, they can use that basis for administrative separation.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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