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I am in army reserve and my son was recently diagnosed with…

I am in army...

I am in army reserve and my son was recently diagnosed with congenital heart disease requiring open heart surgery . Does this qualify to apply for hard ship?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No

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Answered in 6 minutes by:
3/27/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,626
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

When you are talking about a hardship discharge, many things can qualify for that discharge. However, there is not a situation where certain facts compel a hardship discharge. These discharges are always granted at the discretion of commanders, based on how they feel the particular hardship would effect one's ability to serve in the military.

So, certainly, your situation can fit into the perimeters that a commander could consider a hardship for that separation. The commander would just have to be convinced. Therefore, you need to establish evidence from doctors and family to explain why this difficult situation would make it hard or impossible to complete your reserve service and then present that to your chain of command with the request for a separation.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
My son who lives with me and my wife has congenital heart disease and my dad has chronic pancreatitis both of them require care. Does this process usually require to a hire lawyer. Do you have any experience working with any body in these kid of conditions

I am not accepting phone calls, as noted in my first response.

No, you don't hire a lawyer for a discharge to be processed. You can't compel one to be processed. The command is either going to agree and do it for you, at which point the military lawyers will draft all the necessary paperwork at the direction of the command, or the command is not going to agree and there would be nothing an attorney could do to force that.

I have plenty of experience working with these discharges, both from processing them and defending them. However, this is not an attorney referral service and by the rules of the site, I am not representing you in this matter. As noted above though, even if I could, there would be nothing I could do for you.

Separations are not a right that can be sued for, so no attorney you hire can do anything more than charge you money and then essentially submit a request with no more power than a request you submitted on your own.

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Customer reply replied 4 months ago
Even though you did not call me, do they charge me 59$?

I don't work in finance. I'm just a contractor. I imagine they took a deposit, which you only actually forfeit if someone calls you. You can ask them to refund it or I can too.

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I don't work there with JA. I'm an actual JAG attorney that is working from home, responding to the questions through their website.

I don't see all the offers they send you. That's why I tell people, from the beginning, that I will not send a phone call request. That is an automated offer from JA.

Ask Your Own Military Law Question

If you have other questions, please let me know.

Otherwise, please rate my service and I can tell customer service not to charge you for any phone call.

As for your original question, again, commanders have complete discretion with separations. Hiring an attorney isn't going to be a practical option for you, because there is no forum for them to work in here. They can't sue for the right to be separated. Your commander isn't obligated to work with the attorney, because there is no action against you right now.

If you are going to be separated, it is going to be because something you tell your commander resonates with him/her and so a separation for hardship would be initiated by them...not you.

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Customer reply replied 4 months ago
My understanding now is
1. I have to talk to the chain of command about the situation.
2. If the chain of command agrees to proceed then the my military attorney will help in processing / filing.Thank you so much for your help.

1. Yes, you have to show the chain of command that you should be separated.

2. The JAG office will actually help the commander initiate the process, not you. After that happens, an entirely separate attorney (the defense counsel) will be assigned to you, to fully explain what it means for you to be separated.

Take care.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,626
Experience: Lawyer and current JAG officer.
Verified
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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).

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