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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19319
Experience:  Lawyer and current JAG officer.
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My husband is in the air force and is currently in tech

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HI, my husband is in the air force and is currently in tech school. They washed him back already because he failed his first block test. Recently, he got in trouble because he bought alcohol for his fellow underage classmates. They said discharge is an option. How likely is this?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to anyone in the chain of command about this?
Customer: They just told him discharge was an option and they would tell him in two days. I just want to know how likely it would be for him to get discharged; so I can start making plans.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all, thank you.

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.

If he is in his initial school and not an additional upgrade school, then a separation is very likely. Prior to graduation, if someone is presenting problems both academically and through misconduct, it doesn't really give a lot of confidence in their military future. During military training, we have the most restriction and least freedoms. Individuals that still get into trouble during those phases tend to get into much more trouble when they have the full freedom of regular military service.

Commanders have a lot of discretion, so there is no knowing exactly what will happen. He certainly could be retained, but separation is not difficult to accomplish at all and it is definitely possible.

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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.

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