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At what point is a soldier entitled to receive legal advice…

At what point is...

At what point is a soldier entitled to receive legal advice once she is informed she is being separated under chapter 9?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

Yes. my nco says he will not help me stay in or go to legal. My Sargeant told me if I win my case he will find another way to kick me out.

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Answered in 4 minutes by:
1/6/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,633
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Once your commander reads the separation paperwork to you, you'll be escorted to the trial defense service. So, you don't have the right while it is being contemplated or even talked about to you. Once they do an official reading of the "Notification of Separation" you'll be afforded the chance to go to the JAG.

Your NCO may be being a twit here, but he can't stop you from going to JAG. If he does, just call the JAG office and ask to get in touch with a trial defense attorney and notify them of what is happening. It will get corrected (as will the NCO) very quickly.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,633
Experience: Lawyer and current JAG officer.
Verified
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Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Customer reply replied 7 months ago
Once the soldier is read the chapter information and starts clearing process, when does he get to see a lawyer?
The opportunity to visit with a lawyer should be in between the time that a person has read that they're being separated and the time that they begin out-processing. In response to a notification of Separation Soldier has a right to submit matters on their behalf. Now there's only ends up looking like a letter from the soldier however that letter is supposed to be done at the guidance of a trial defense attorney.
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Customer reply replied 7 months ago
Is there a time limit between when a soldier is read separation papers and when he should see a trial defense lawyer? I have been having clearing meetings since being read my separation papers a week ago and my sargeant tells me once all my paperwork is done I can go see legal. I have tried to contact them myself but cannot get anyone to answer the phone.
When they set a time limit it's for you having to have seen legal by a certain time. If they have not set a time limit for you then there really is no time limit. As long as you get to see trial defense service before you're required to submit your documentation and response they have met their burden.
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