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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34275
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm trying to contact someone about a hardship separation

Customer Question

I'm trying to contact someone about a hardship separation and I'm also Injured and I have a temperorary profile
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: No I haven't.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just very depressed and my wife is stressing out and having issues with our 5 month old daughter and she's also newly pregnant.
Submitted: 1 month ago.
Category: Military Law
Expert:  P. Simmons replied 1 month 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 1 month ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 1 month ago.
My wife and I have been going through depressed and also emotional stress and we were wondering if it's possible to get a dependency discharge from the army because she has absolutely no help, we live 6 states away and her mom is sick in the hospital, I've been doing what I can with the little time I have at home. We have a 6 month old and we are expecting another baby in 8 months. She's not gonna be able to handle everything on her own. I'm extremely depressed because my grandpa died that I was EXTREMELY close to. I just can't do this army thing and be away from all of my family issues. How can I get discharged?
Expert:  P. Simmons replied 1 month ago.

You have to apply. What you are describing, it certainly sounds like you have a basis to request the discharge.

You make the request via your chain of command.

The key to success is supporting documentation. You mention that her mom is sick...and that she is pregnant. It would be very helpful in your application if you have letters for her doctor and her mom's doctor to support your request

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.

Customer: replied 1 month ago.
Would they not accept the documentation of my grandfather passing away and my family is needing my help to cleanup and help them through the process?
Expert:  P. Simmons replied 1 month ago.

Not for a separation. That can be a basis for leave...but not for 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.

Customer: replied 1 month ago.
What about the fact that my wife is having a hard time back at home and is stressing out and depressed about everything back home, as well as I am too about everything that is just suddenly happening.
Expert:  P. Simmons replied 1 month ago.

That could be...but she will need to get a letter from her doctor stating you need to be home for her wellbeing. If she can get such a letter? Then you have a good chance to have the request for discharge approved.

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.

Customer: replied 1 month ago.
What if she can't though? That's my confusion. They have some family back where she is at but she's still not in a healthy State of mind and wants more help. I don't think a doctor would write a letter stating that I would necessarily have to come back home for the cause to differentiate.
Expert:  P. Simmons replied 1 month ago.

You can apply regardless...you want the best chance of success? Then you will want to get a letter from her doctor. If she can not get such a letter? It is unlikely they will approve the request.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they will give you a discharge for hardship without medical evidence but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.

Expert:  P. Simmons replied 1 month ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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