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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14293
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a U.S. Army private currently at AIT schooling trying

Customer Question

I am a U.S. Army private currently at AIT schooling trying to get my job. About two months ago I was flagged for an incident I did not do. The Company Commander believes I am lying to him and took my TS clearance away and is now trying to tspace me. There is apparently no other option for me and I no longer want to be in the army. I have considered Refusal to train or even getting a chapter 11, but I'm not sure what kind of discharges this will get me. I know I won't be able to get an honorable discharge, but at the same time I'm not looking for a dishonorable. I would like to settle for general discharge or even some way to get discharged, but reenlist later either into another job or another service. Thank you for your time and you reply.
JA: What state are you in? And has anything been officially filed?
Customer: Arizona, and he's already filed for me to be tspaced and asked me to sign my counseling, but I told him I'd like to talk to a lawyer before answering anything
JA: Have you talked to anyone in the chain of command about this?
Customer: I have talked to my 1sg and my plt sgt, even went as far as my battalion CSM, but they all say that they can put in an input but that ultimately it would be up to the Commander to make a decision
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that I can think of off the top of my head
Submitted: 6 months ago.
Category: Military Law
Expert:  P. Simmons replied 6 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 6 months ago.

I am sorry for this dilemma...but not sure I understand the question...are you asking if there is some way out where you are guaranteed at least a general discharge?