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| 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. |
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| There is no answer at this time. |
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| 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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