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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19180
Experience:  Lawyer and current JAG officer.
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I'm getting a admin separation for anxiety and panick

Customer Question

I'm getting a admin separation for anxiety and panick attacks, as the corpman said. Although my platoon sergeant said it's an OTH. And I'm just confused as to which one it would actually be?
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: 1stsgt. But he never said anything about which type of discharge, just trying to motivate me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I was told by the lieutenant in the navy it was going to be an admin separation, but my platoon sergeant said it's going to be an OTH.
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 months ago.

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.

While a person can get an OTH through an administrative separation process, you would have to go before a board and they would have to be convinced that some misconduct had been committed that would justify that level of separation.

Separation based on medical or mental conditions do not allow for an OTH. You would get an Honorable, Entry Level Status or General discharge. You either aren't being processed for a mental health separation (but rather misconduct) or your platoon Sgt is just wrong (also very likely).

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.

Expert:  Allen M., Esq. replied 3 months ago.

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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