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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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Since joining the Army National Guard, I have obtained a new

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Since joining the Army National Guard, I have obtained a new civilian career as a catastrophic insurance adjuster. Unfortunately, this career requires that I travel 22 days a month. I am at work for ten days, and then have a four day window of time off, but have to attend drill during one of those, giving myself only a few days with my wife a month. Recently, we found out that my wife is pregnant, and I do not feel like I will only be able to see my child 4 days a month. This is added to the fact that when I have to miss work for drill, I have to miss 10 days, as opposed to a couple, causing me a loss of $1500 every time drill falls during my work schedule. Would this be suitable case for a hardship withdrawal? I have done everything I can with my civilian employer to switch to a team more conducive to my unit's IDT schedule, but each year I am facing 5-6 conflicts.

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.

You certainly have the facts here to support this request for a separation. Now, that being said, what you have to understand about administrative separations is that they are done at the discretion of the commander. While you clearly have the facts to support a separation, there is no such thing as facts which would compel one. That is the primary difference that most people fail to understand.

If your chain of command, and ultimately your commander, are on board here, you will be able to obtain a separation without any difficulty. If your chain of command and commander are not on board, you will not get a hardship separation no matter how good your facts are here.

If you have any further questions or other facts that you would like me to consider, 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.

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