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I want to know if you haven’t started your A school and you…

Customer Question
I want to know...

I want to know if you haven’t started your A school and you enlisted as a minor can you get out of the navy

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

She signed up in California and is stationed in Pensacola. She finished boot camp but hasn’t started schooling

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

Not yet. Not sure how to proceed

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

She doesn’t want to stay and she is extremely depressed

Submitted: 6 months ago.Category: Military Law
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Answered in 5 hours by:
12/29/2017
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,925
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. If the sailor is still a minor, then she can revoke her contract with the Navy since she was a minor when she signed it and still is. However, if she has since turned 18, then she has an enforceable contract.

That said, if she is severely depressed, then she should take the normal route that military servicemembers take to try to resolve her issues. That would be to tell her chain of command about her depression and ask to speak to a psychologist or doctor about what she is feeling. She can also speak to the Command Chaplain. If any of those individuals believe that she is incapable of further service because of depression or any personality disorder that they may diagnose, then they will make a recommendation to the Command to separate her. The Command, in my experience, will follow those recommendations.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 6 months ago
Hi thank you for your answer.
Customer reply replied 6 months ago
My granddaughter is stationed I. Pensacola and just started her A school. She is having panic attacks and feels so overwhelmed she is fearful that she will fail. People there are telling her if she seeks to be released she can never get a job as a nurse and that her separation from the service will always be in her record and will ruin her life.
I’m afraid of what might happen to her. This is beyond homesickness. She is feeling like her life is over. What can we do??? Please help me help her.
Sincerely *****
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again Erin,

I am not sure who the "people" are that are telling her this and what she has done or said that led to this statement, so I can't directly address their statement. However, I can say that if she is so severely depressed that she cannot cope with her duties in the Navy, then she needs to follow my initial recommendations and speak to the Chaplain or a Navy medical professional that deals with these issues.

If they find that she is so depressed that she can't continue her service, then they will recommend discharge and she will not receive an adverse discharge. In other words it would be either an Entry Level Separation (ELS) if she is under 180 days service, or an Honorable discharge if she is over 180 days and has not gotten into any trouble while in service.

That said, she cannot use her depression to get out of the service and not expect it to be an issue when she applies for jobs that ask about these issues. So, for example, when she applies for a license, or maybe even nursing school, she may be asked if she has either been treated or had depression. She would have to be honest, but that doesn't mean she isn't going to be selected, since they can't discriminate on the basis of medical information. But it is just one factor that they look at to see if she can cope with the stresses of the job.

If she has a depressive disorder, then she has it, whether she is in the military or not. If she doesn't and is just really having strong second thoughts, then she has to fine a way, like every other military personnel, to make adjustments and look inward for her coping mechanisms.

Again, if you have follow up questions ask them. If you don't please leave a rating in the pop up box (or box on this page with the stars) as that is the only way the Site will compensate for my time.

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