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I am in the National Guard and I’ve been in for almost three…

Customer Question
I am in the...

I am in the National Guard and I’ve been in for almost three years now. I want out because I never spend time doing my job when at drills and I always feel singled out. I need the best way to get out. I’m not happy

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

I’ve talked to my platoon Sgt about not doing my job and they haven’t done anything about it. I haven’t yet talked to anyone higher about getting out

Submitted: 3 months ago.Category: Military Law
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Answered in 29 minutes by:
3/24/2018
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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 3 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Are you a commissioned officer or an enlisted soldier? And how long is your contract for (is it 6 years or 8)?

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Customer reply replied 3 months ago
Enlisted and 6 years “active” 2 “unacative”
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Thanks

Have you spoken to your chain of command about your concerns, and if so what was the response?

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Customer reply replied 3 months ago
No I was planning to tomorrow just wanted some advice on what to do
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Thanks

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 3 months ago
I’m in the field right now I can’t get away
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Thanks
A few mins please...

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Speaking to your command, ideally your commander (your battalion commander) is the start. IF your chain of command is not treating you fairly? The battalion commander can fix this.

Now...what if the commander ignores you?

If you believe your battalion commander is not treating you fairly, you can file a complaint under Art 138 UCMJ.

An Art 138 UCUM complaint raises this issue to the Division Commander level. If you file an Art 138 Complaint the Division Commander will investigate and, if they find that the conduct is unfair, they can step in and correct it.

To file an Art 138 Complaint is simple enough. You put the complaint in writing. You make sure to reference Art 138 UCMJ. Then you hand to any commissioned officer. They will forward up to Division for action.

Now...since you are guard, the UCMJ only applies when you are activated...but the state law (for the state you live in) will have a similar provision.

If none of that works?

And you still want out?

You have a choice...you can complete your contract and obtain an honorable discharge...or you can stop going to drill. IF you stop going to drill, they will give you an OTH discharge. But you would be out.

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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