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Im in the army reserves. Stateside i live in pennsylvania…

Customer Question
Im in the army...

Im in the army reserves

Lawyer's Assistant: Are you overseas or stateside?

Stateside i live in pennsylvania but im at annual training in louisiana ive been here since february 28th due to come home march 28th

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

No my four month old son was rushed to the hospital i was wondering if you know if im allowed to catch an emergency flight home

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

No just that

Submitted: 1 month ago.Category: Military Law
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Customer reply replied 1 month ago
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Customer reply replied 1 month ago
whats going on with my question
Answered in 27 minutes by:
3/7/2018
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,601
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 1 month ago

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

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Customer reply replied 1 month ago
i am wondering if i can catch an emergency flight home from annual training due to my son getting rushed to the hospital
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

You need to request leave. What is your commander or your chain of command saying about this?

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Customer reply replied 1 month ago
can i request leave my annual training isnt over until march 28th
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

That is what you have to do...I have no idea if they will grant leave...but you need to be granted leave to allow you to leave. If you leave without permission that would violate the UCMJ.

Make the request, via your chain of command. Also, have the hospital contact the local red cross. The red cross will send a message, to the command, that tells them the seriousness of this matter. If you get a red cross message, I would expect the commander to grant leave

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 1 month ago
okay can i be granted leave if my fiancee ends up in jail hes the father of my child
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

Perhaps. The red cross message is the most effective way. But you can request leave even if you can not get the red cross letter

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 1 month ago
i understand that but im asking if my fiancee goes to jail and theres noone to care for my child can i be granted leave
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

Yes. If there is no one to care for the child, I would expect the commander to grant your request for leave.

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Customer reply replied 1 month ago
will i need to show proof that hes going to jail
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

That is up to your commander. But I can tell you, in my experience, they are going to want evidence like a red cross message, or a call from child protective services that the child is at risk before they release you from AT. They are not going to go off just your word. No way...again, in my experience. But I can not speak for your command/commander.

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 1 month ago
what are ways to be granted leave without having to show proof
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

There are none...sorry.

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Customer reply replied 1 month ago
okay well my mom is able to takethe baby so that child protective services doesnt get involved but she cant keep him longer than two days cause she works so would that be good enough for my squad leader for leave?
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

You can certainly make the request. If your command supports you? I would expect them to grant the request.

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 1 month ago
your personal opinion do you think they will grant it
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

As I said, if they support you? I would expect them to grant it. I do not know your command/commander...but in my experience, good soldiers are taken care of...

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Customer reply replied 1 month ago
alright thank you. also what if i dont want to finish mycontract with the reserves?
how can i end it before its up
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

There is no "easy way out"...sorry. It does not work that way. If you do not finish, meaning you stop going to drill? They will give you a bad discharge (other than honorable)

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Customer reply replied 1 month ago
possibly what kind of discharge?
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

As I said, other than honorable.

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Customer reply replied 1 month ago
okay like which
Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

Sorry...I do not understand. If you are discharged it would be under other than honorable conditions. THat is the "type".

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Military Lawyer: P. Simmons, Military Lawyer replied 1 month ago

You are in the Army and do not know what an OTH discharge is??

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Customer reply replied 1 month ago
theres multiple types of discharges. what discharges are they?
Customer reply replied 1 month ago
i still recieved a different military lawyer yet
Customer reply replied 1 month ago
okay istill never recieved one yet
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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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