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Should I get a discharge for my depression, or is it the…

Should I get a...

Should I get a discharge for my depression, or is it the same as getting an other than honorable discharge?

Lawyer's Assistant: Are you overseas or stateside?

I am a reservist, stateside.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I mentioned it, but I missed my drills and received a notification of separation proceedings.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am looking for as much information on where to go and what to do in my situation.

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Answered in 15 minutes by:
11/6/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,479
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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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I am sorry for this dilemma. But not sure I understand your specific question. You ask

Should I get a discharge for my depression, or is it the same as getting an other than honorable discharge?

What does that mean?

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Customer reply replied 8 months ago
I will try my best to explain. I was admitted to a psychiatric ward of a hospital for suicidal thoughts and depression, during my time as a reservist. I have told my unit medical doctor about this and I have not been to drill since then. I have just received notification of separation proceedings, and it tells me they are trying for an other than honorable discharge. I would like to know if I should try to appeal for a better discharge or if I will most likely still get the discharge in the separation proceedings. If I have to stay with what discharge they give me, what are the next steps to take?

Thank you
How many drills did you miss?

Did you have permission to miss them?

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Customer reply replied 8 months ago
I missed 14 drills according to the letter.
I did not have any permission to miss them.

THank you
Can you tell me, did you request a hearing on this (that is the paperwork they sent, correct...to allow you to request a hearing)?

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Customer reply replied 8 months ago
I have not requested any sort of hearing. They sent me a notification of separation proceedings (board case) letter. It has the purpose and scope of the Board for Correction Naval Records and Naval Discharge Review Board. Also acknowledgement of responent's rights.

DId you respond to this notice? IF so, did you request the hearing (That is one of your rights if they want to give you an OTH discharge)?

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Customer reply replied 8 months ago
I have not responded yet. That is one of my questions, is requesting a hearing something that will benifit me?

thanks
I have some thoughts and will type them up...however

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

If you do not what to speak on the phone, no worries...let me know and I will get back to typing

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Customer reply replied 8 months ago
I wouldn't mind talking on the phone. But I have to leave for class soon. Are you available later or should I try tomorrow?

Have not head from you...so I will type an answer...if you wish to speak on the phone, we can still do that.

You have a right to a hearing...and what you are describing? I would invoke that right (I would demand a hearing).

At the hearing, you would have an attorney helping you...and you can present, to the hearing board, what happened with you.

This is, by far, the best way to fight this.

IF your goal is to not get the OTH? Request a hearing and then work with your lawyer to fight this at the hearing

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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Customer reply replied 8 months ago
Can I call in a couple of hours when I'm not busy?

You can...if you accept the phone offer I will provide my # and we can schedule a call

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,479
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now

What time is good for you to call?

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Customer reply replied 8 months ago
630pm CT tonight.

Give a call then (I sent my #)

thanks

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Customer reply replied 8 months ago
In my separation forms they want to know if and who I talked to, as a lawyer, should I put your name or is that wrong?

No...they have to give you access to a lawyer. So tell them that you want a lawyer and a hearing...if you tell them you have a lawyer, it may be they do not provide you one

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