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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34996
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My brother is at SOI in Camp Pendleton and he told us that

Customer Question

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: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 months 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 2 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.

Expert:  P. Simmons replied 2 months ago.

Hi
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Do you have more questions regarding this?

Thanks for your understanding
Phil