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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15696
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a female soldier in the Pennsylvania Army National

Customer Question

Hello! I am a female soldier in the Pennsylvania Army National Guard. I have been in the guard for a little over four years now. I had a baby boy in Febuary of this year. Throughout my whole pregnancy my unit never counseled me or offered me a discharge. I did not even know until recently when an NCO from another unit informed me that I was supposed to be counseled and given the option of requesting a discharge if I wanted to pursue it. I was informed about being able to take maternity leave 90 days after my sons birth which I did take advantage of. Basically now I am having issues finding affordable/dependable child care when I have drill. My boyfriend and father to my son works a job where he has to be on call one week every two months (meaning he can get called in at anytime of the day/night). Anytime it falls on a drill weekend I have no childcare for my son. In addition when I have to do my annual training for two weeks my boyfriend has to take off of work to watch our son. What really agitates me is how my unit chose to not do what they were supposed to do. I do not want this to happen to another female again. I am afraid to speak up to them because I am afraid they will make my life a living hell. Is there any legal action I can take against them?
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes I talked to an E-5 about it and she informed my squad leader (an E-6) about the options a pregnant soldier was supposed to have and he blew her off. Never made an effort to have me counseled.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year 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 year ago.

I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "legal action"? What is it you are attempting to accomplish?

Customer: replied 1 year ago.
First off I would like to request a discharge. If I had been offered requesting a discharge when I was pregnant I would have given it a shot because of the whole situation of having no childcare/support system. Second if my chain of command is not legally doing what they are supposed to do how do I make it known if they refuse to listen to me?
Expert:  P. Simmons replied 1 year ago.

I fear that there may be some confusion. Why is it you believe you had a "right" to be discharged? Who informed you of this?