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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 38485
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a Specialist in United States Army Reserve. My question

Customer Question

Hello, my name is***** and I am a Specialist in United States Army Reserve. My question is that I am trying to get out of the Army cause I don't agree with some of its values.
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I tried to contact my acting Commander and 1SG but haven't gotten any response.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have orders from Feb 28 to March 8 but I have finals for class and its really inconvenient for me cause I don't want to fail. I don't have the money to keep taking those classes again.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 9 months ago.
I am trying to get out of the Army but I am already 3 years in to my contract. I joined the Army naively thinking I was going to help serve and defend my country and for school, but found out I wasn't really doing that. As a Christian it is not in my duty to obtain a weapon to hurt or kill anyone likewise hate them. But if you can give me some advice on what to do it will gladly be appreciated.
Expert:  P. Simmons replied 9 months ago.

Thank you

So you want to know how to request release due to you religious beliefs?

Customer: replied 9 months ago.
Expert:  P. Simmons replied 9 months ago.

Thanks

I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 9 months ago.

Thank you for your patience

There is a process that allows soldiers to apply for discharge based on a deeply held religious belief that limits their ability to serve.

If that is your goal (to pursue that status), the process is not complex

It starts with this form
http://https://dmna.ny.gov/milpay/forms/DA_4187.pdf

And you request release due to conscientious objector (CO) status.

That is it (on your part)

The commander will appoint an investigator.

They will interview you, and based on that interview, they will interview others who know you to make a determination if you meet the qualifications.

If you do, they will discharge you.

IF they believe you do not? They will deny the application. At that point, if you still want out, you can appeal to the Board of Corrections for Army Records.

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.

Expert:  P. Simmons replied 9 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil