Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
3/20/2018
Military Lawyer: Edward Young,
 replied 4 months ago
Edward Young
Category: Military Law
Satisfied Customers: 522
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.

Ask Your Own Military Law Question
Customer reply replied 4 months ago
Okay. Thank you.
Military Lawyer: Edward Young,
 replied 4 months 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.

Ask Your Own Military Law Question
Customer reply replied 4 months ago
What is confirmations objector?
Customer reply replied 4 months ago
I am only in RSP might i had.
Military Lawyer: Edward Young,
 replied 4 months 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.

Ask Your Own Military Law Question
Customer reply replied 4 months 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 4 months 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.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Edward Young Your Own Question
Edward Young
Edward Young
Edward Young
Category: Military Law
Satisfied Customers: 522
522 Satisfied Customers
Experience: Principal Attorney at The Law Offices of Edward D. Young, III

Edward Young is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,273 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I have been to the first round of MEPS for the state
I have been to the first round of MEPS for the Washington state National guard and had the initial swear in process completed. I have been to 1 drill but have not been to basic training yet. I have ha… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I'm in a predicament. I was in the GA National Guard but I
Hey I'm in a predicament. I was in the GA National Guard but I chose to go active duty in the Navy instead. I did not ship out to basic training for the Army. I'm trying to go in the Navy so me and my… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I do not want to go to drill anymore for the army reserves!
i do not want to go to drill anymore for the army reserves! i served my 4 years in active duty and i was in th\e IRR tilthis past may and i regret it and i am moving out of state in nov. what will hap… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
I live in minnesota nd have skipped the drill for Minnesota
Hi there I live in minnesota nd have skipped the drill for Minnesota army national guard.I have yet to be shipped to basic training.I do not plan on continuing military … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Possibly i'm being separated from the NH National guard
possibly i'm being separated from the NH National guard under chapter 16 … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I enlisted in the army national guard 3 weeks ago. I have
I enlisted in the army national guard 3 weeks ago. I have been to one drill and have not shipped out to basic training yet. I have had a history of mental health issues but they had gotten better and … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Im ***** ***** , well... i enlisted in the guard in
well... i enlisted in the guard in september, and im supposed to ship to basic on march 2... but im having severe doubts.... im becoming depressed... im losing sleep.... im a nervous wreck.... im trying to explore all my options.... to even see if there is a way out for me … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have a question regarding my discharge from the Army National Guard.
I have a question regarding my discharge from the Army National Guard. I recently requested to be discharged. I am in RSP for another 2 months before I ship to Basic Training. I met with my RSP NCOIC … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is 18 yrs. old and a senior in high school. He signed
My son is 18 yrs. old and a senior in high school. He signed a contract for the national guard under duress. He was living with his dad and his dad gave him the impression he had no where else to go a… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Hello I am a National Guards Men in Colorado 1st of the 157th
Hello I am a National Guards Men in Colorado 1st of the 157th INF. My unit is trying to dischage me for a UA that was positive for THC. I was poisoned by some roomates with a brownie but still my chai… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hello, I am currently enlisted in the Indiana Army National
Hello, I am currently enlisted in the Indiana Army National Guard and am now facing a situation. The situation is this. I enlisted in December of 2012. And after attending a few drill weekends with my… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Im a former marine that went to the Texas National Guard and
Im a former marine that went to the Texas National Guard and i haven't attended AIT and not happy in the national guard could i get out?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have signed a contract to join Army National Guard and went
I have signed a contract to join Army National Guard and went through my first MEPs. However, a couple of days later after talking to my family, I decided that this is not for me and would like to get… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Im in the Army National Guard but have not shipped to basic....i
Im in the Army National Guard but have not shipped to basic....i have been attending RSP drills since december and am supposed to ship end of april. I have hated the experience...pay for each drill co… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am enlisted in the National Guard but am seeking a discharge
I am enlisted in the National Guard but am seeking a discharge by failure to ship, since I haven't gone to basic. Will I be considered AWALL if I do not attend drills leading up to my ship date?… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am in the Army National Guard and I no longer wish to be
I am in the Army National Guard and I no longer wish to be in the Military. I have not been in long or to Basic or AIT. I don't have ACU's or a Military ID. I am getting married soon and wish to stay … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am currently in the Army National Guard and went to basic
I am currently in the Army National Guard and went to basic this past summer, however I did not graduate due to physical limitations. I am now back to drilling monthly at my Recruit Sustainment Progra… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
my daughter enlisted in the penna. national guard & will go
my daughter enlisted in the penna. national guard & will go to basic in 7 days. she has been to several drills & hates the service she is physically ill about going. Is there any way she can get out ?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x