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Q: Discharge from National Guard before basic training ( No Answer,   1 Comment )
Question  
Subject: Discharge from National Guard before basic training
Category: Miscellaneous
Asked by: winston1234-ga
List Price: $15.00
Posted: 10 Sep 2003 22:50 PDT
Expires: 10 Oct 2003 22:50 PDT
Question ID: 254460
I participated in National Guard a few  months ago. So far I only went
once a month in weekend during the first 4 months or so. Due to my
parents' objection and hardship plus
my health condition, I decided I wanted to get discharged from
National Guard. I have never attended basic training. The original
basic training date was cancelled by my recruiter and never got
rescheduled. I then requested for discharge about 6 months ago. My
unit started to process the request probably in May. My commanding
officier did approve it. However, I have not received official
discharge certificate yet although I was told I would get it soon. A
few days ago, I was informed by my unit that they were mobilized to
possibly
go oversea. The stop-loss was placed. I was told I need to report to
the unit again although I have not reported for more than 5 months and
they
never asked me to go. My recruiter told me that I was practically
out of National Guard when I submitted the request to be discharged.
I believe my uint has considered I am out. I personally thought the
same
way. Is my application of discharge still good since the stop-loss was
imposed?  However, I want to emphasize that my discharge application
was submitted several months before the stop-loss was announced.  Will
stop-loss have any impact on my discharge? Can I still expect to
receive the discharge certificate soon as they told me before. Since I
have
never even gone to basic training and never got one penny of
scholarship or financial aid from military, will this make the
discharge easier? Can they ask me to go to basic training now because
of the stop-loss? I am in law school right now. Can I use education as
a reason not to go to basic training if they ask me to go? If I have
to go now, I'll lose two years in law learning because I have to start
all over again.
Where I can
find a good lawyer who is expert on this type of problem in case I
need professional help? I prefer the lawyer is in either North
Carolina or South Carolina.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Discharge from National Guard before basic training
From: drtandem1-ga on 12 Sep 2003 10:51 PDT
 
Firstly, don't concern yourself about going overseas.  You don't have
the training.  Secondly, if you have a health condition that would
preclude you from becoming activated, you should receive a medical
discharge.  I'm not sure how you passed the physical with a health
condition, unless it has just materialized.

Yes, it is possible that they make you active and place you in basic
training.  However, if you're being honest about your health
condition, this should become readily apparent.

Keep copies of all of your documentation relating to your being
discharged.  I don't think you will need a lawyer until they try to
force you to do something that you do not want to do.  However, a free
consultation with a lawyer or two can't hurt.  If they activate you,
you then will be under the UCMJ which is a whole different ball game. 
I think the worse case scenario for you would be a dishonorable
discharge for being AWOL.  There is the possibility of fines and
confinement, but they're probably just as anxious to be rid of you as
you are to be rid of them.

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