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I have a history of honorable and meritorious conduct in the…

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I have a history...

I have a history of honorable and meritorious conduct in the military, including a combat deployment and becoming an NCO, and no negative disciplinary actions against me. However I am struggling with addiction and alcoholism and have been struggling for a while. I feel that the best course of action for me would be to leave the military so I can enter rehab and focus on my health. What is the likelihood that I can be discharged honorably if my abuse problems become too much for me, even though they do not affect my performance as an NCO and soldier. I have self enrolled to ASAP before and am about to enroll myself again but I feel it's not really what I need.

Lawyer's Assistant: Are you overseas or stateside?

Overseas now.

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

Not yet, I feel like bringing it up now would affect our mission negatively.

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

Not that I can think of, thank you!

Submitted: 8 months ago.Category: Military Law
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Answered in 38 minutes by:
11/13/2017
Military Lawyer: Edward Young,
 replied 8 months ago
Edward Young
Category: Military Law
Satisfied Customers: 522
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Military Lawyer: Edward Young,
 replied 8 months ago

How is your overall service record? Usually you get an other than honorable discharge for substance abuse treatment. if your overall record is outstanding, the separating authority may recommend an honorable discharge.

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Customer reply replied 8 months ago
My record is outstanding, zero negative actions, promoted to E-5 at 2 years 5 months, have been a team leader in the infantry since I became a specialist at 18 months of service. I have two ARCOMs with C for combat being written on my behalf for actions in country. My command team appreciates me and is in the process of recognizes me for contributing to the formation of new SOPs in Afghanistan for certain equipment our unit was equipped with as a trial run. I am a good soldier, I just know I need time to focus on myself because I put everything into the mission at all times. If not I think my problems will get much worse. My family has a history of substance abuse. I have no reason to believe my commander would recommend anything but honorable if that were the case. I was more wondering if any action would be taken to terminate my service early if no actual negative incident had occurred. I would plan on coming back in once it were resolved if I could, but if I couldn't it would be okay because I feel like I need to save myself before I go further down this road and do something bad, and that would be more important to me.
Military Lawyer: Edward Young,
 replied 8 months ago

I just got called to a meeting. If it goes too long I will answer you tonight.

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Military Lawyer: Edward Young,
 replied 8 months ago

Just so I understand…what you really want to do is take a time out from the Army to do rehab and then re-up?​

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Customer reply replied 8 months ago
that is correct, I feel like that would be the best course of action for me.
Military Lawyer: Edward Young,
 replied 8 months ago

Here is what I would recommend, assuming you have a good relationship with your unit commander. I would tell him or her what you want to do. Mention your voluntary stints in ASAP. Under Chapter 9, you can separate from active duty if long-term rehabilitation is necessary and the soldier is transferred to a civilian facility for treatment (Para 9-2a).

Tell him or her that would like to separate from the Army with an honorable discharge because you would like the opportunity to re-enlist once you are clean.

The unit commander then forwards the chapter packet containing all relevant matters (including any documents submitted by the soldier) to the battalion commander, who makes his or her recommendation and forwards it to the brigade commander. The brigade commander decides whether the soldier should be separated and the characterization of service.

With your record of service and your voluntary efforts to get clean, I think that they would welcome the chance to help you get well.

An honorable discharge is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

I hope this helps.

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