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I have been to some drills for the National Guard and i do…

Customer Question
I have been to...

I have been to some drills for the National Guard and i do not like the life style at all, i can not menatal handle it that well. How do you get discharged from the Guard?

Lawyer's Assistant: Are you overseas or stateside?

I have not shipped yet.

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

I have. They basically told me i was stuck i cannot quit now.

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

I have been to one drill, i could not mentally handle it. I talked to chain of command and broke into tears because i could not handle it. And they basically told me i cannot quit now, i am stuck. Basically is what they told me.

Submitted: 1 month ago.Category: Military Law
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Answered in 8 minutes by:
3/20/2018
Military Lawyer: Edward Young,
 replied 1 month ago
Edward Young
Category: Military Law
Satisfied Customers: 341
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Okay. Thank you.
Military Lawyer: Edward Young,
 replied 1 month ago

When you sign up for military service, it's effectively the same thing as signing a binding civilian contract. Since the military is not an at-will employer you cannot leave on a whim. You must show extraordinary evidence of special circumstances to get out of your commitment. Each scenario is evaluated on a case-by-case basis, so have a real reason versus a simple change of heart before submitting your desires up the chain of command.

Your goal is to get a voluntary administrative separation.

Examples of reasons for voluntary separation include:

Signed up at 17 without parents’ consent

Conscientious objector

Hardship

Pregnancy

Early release to further education

It is very important that someone in your command is "on your side" If there is a Staff NCO or better who can speak to the command on your behalf this will help quite a bit. Ultimately it is the Commanding Officer who will likely make the decision whether or not to discharge you and if so, how. You want someone in the command who can advocate your case.

While not voluntary, a "convenience of the government" discharge may also get you where you want to go. As the title says, it is for the government's convenience, not yours..but if you can convince the command to support you this is also way out.

Here is a link to a website that explores separation in more detail:

https://www.thebalance.com/getting-kicked-out-of-the-military-involuntary-discharges-3356962

I hope this helps. Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 1 month ago
What is confirmations objector?
Customer reply replied 1 month ago
I am only in RSP might i had.
Military Lawyer: Edward Young,
 replied 1 month ago

There's a Department of Defense regulation that provides that if a person has a change of heart and for moral, ethical, or religious beliefs comes to conscientiously oppose their own participation in war in any form, they can either ask to be discharged or ask to be a non-combatant. But it's not easy, and it takes time. You must file an application form with many questions: What do you believe that leads you to file this application? How did you come by those beliefs? When did those beliefs change so that you no longer could be in the military? What do you believe about the use of force? What in your life shows that your beliefs have changed?

For more information on the conscientious objector discharge and other options, see: https://www.thebalance.com/early-discharge-from-the-military-4057239

You mentioned that you are in RSP. If you have accepted drill pay, then your contract has vested. My advice in my answer stands.

If you do not complete the training or do not ship to basic, then they can process you for an “other than honorable" conditions discharge. Unlike regular army, when you join the guard and receive pay for drill, your contract becomes vested...so you cannot just quit. Well, you can, but if you do the guard has the ability to process you for an Other Than Honorable Discharge.

You could try writing a letter requesting to end RSP (and effectively end your guard service). If they approve this request, then you would be separated with an "els" entry level separation. This is a neutral discharge...not the negative discharge that an OTH brings. SO if you are lucky they will accept your request.

If you feel strongly about leaving the guard, you should probably seek the advice of a military expert lawyer to figure out how to do this. If you tell me the city and state where you live, I will refer lawyers to you.

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Customer reply replied 1 month ago
I live in Anderson, SC. I told the SGTs i was talking to i can not do it, i do not have the mental capability i once had in high school. I can’t handle it like i once could when i was in high school. I have not had suicidal thoughts, but i have been kicked back into bad thoughts of self harm again. It has recently happened. I feel i cannot supply for my family and it has kicked me into a hole.
Military Lawyer: Edward Young,
 replied 1 month ago

Here are the names of some military lawyers who can help you. Call them immediately. The first two have the most experience in military law issues. One is located in NY and the other TX. The last lawyer is located in Anderson, SC.

Thomas Arthur Kenniff tel(###) ###-#### https://www.avvo.com/attorneys/10013-ny-thomas-kenniff-973962/website.html

Joseph L. Jordan tel(###) ###-#### http://www.jordanucmjlaw.com/

Richard E. Thompson Jr. tel(###) ###-#### http://www.thompsonking.com/

I hope this helps. Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I’ve earned one today.

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