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My brother is at SOI in Camp Pendleton and he told us that…

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My brother is at SOI...
My brother is at SOI in Camp Pendleton and he told us that he has been having thoughts of suicide and severe depression. Medical won't recommend him for discharge so he said he is going to refuse to train to get out because he can't do it anymore. He's only been in for 4 months and wants to know if they will send him to a court martial and if they will send him to the brig. Thank you for the help!
Submitted: 9 months ago.Category: Military Law
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8/1/2017
Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,943
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago

I am sorry for this dilemma. Honestly, there is no way to know, with any degree of certainty, what will happen if he "refuses to train"

When I was last at Pendleton, the commander of SOI had a policy where they would send Marines who refused to train to a court martial, and then back to training.

If his goal is to get out? He may have to resign himself to spending time in the brig.

I wish I had better news for you...but there is no easy way out of the Marine Corps.

If his goal is to get out, I would recommend going AWOL for at least 6 months and then turning himself in. He will have to spend a few months in the brig...but if he is gone for 6 months or more they will separate him.

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.

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Military Lawyer: P. Simmons, Military Lawyer replied 9 months 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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