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I recieved a letter years back saying i would be seprated…

Customer Question
I recieved a letter...

I recieved a letter years back saying i would be seprated from army reserve for failure to go to drill and for having tested positive on a drug test this was after we came back from deployment in iraq and i was not in a good place mentally and have now been diagnosed by the VA with ptsd and depression i never acknoleged the letter sent to me and never recieved another letter after that i now wish i could go back in time the letter said it was recommended i be honorably discharged and now i want to know if it is possibkle to return to the army reserves

Lawyer's Assistant: Can you tell me what state this is in?

California

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

No this happened in 2009 and only recently have i been able to emotionally and mentally realize how bad i messed up and how much i would like to continue and finish the service to my country i started

Submitted: 8 months ago.Category: Military Law
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Answered in 1 hour by:
11/15/2017
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,472
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 8 months ago

I am sorry for this dilemma. But not sure I understand your specific question. What was the characterization of the discharge? Was it "general" or "other than honorable"?

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Customer reply replied 8 months ago
The paperwork I have is a notification of separation proceedings in it the company commander says he is recommending an honorable or general discharge. But I never responded and never recieved anything after that to let me know the decision
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

THanks

So you never received a copy of the final discharge? Have you tried to request it recently?

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Customer reply replied 8 months ago
No I never recieved it. I have tried requesting it online but I only get my active duty discharge from when I was deployed. I do not know where else I could request the papers.
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago

THanks
What you are describing, you will need a waiver to reenter service.
The largest problem you face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver.
That said, as the economy improves, and if the wars continue (seems that they are) it may well be that you can obtain a waiver.

If not in the Army reserve, then perhaps in the National guard.

Bot***** *****ne: it is possible for you to reenter...but you will need to obtain a waiver first.

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
I actually wanted to try getting into the guard what would I need to do in order to get the waiver? Is there any place I can go to try and recieve my reserve records?
Military Lawyer: P. Simmons, Military Lawyer replied 8 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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