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Q: Discharge from Army Reserve ( No Answer,   5 Comments )
Question  
Subject: Discharge from Army Reserve
Category: Relationships and Society > Law
Asked by: jktcat-ga
List Price: $5.00
Posted: 03 Jan 2006 09:29 PST
Expires: 02 Feb 2006 09:29 PST
Question ID: 428488
I have been in the Reserves (US)for just over a year and my wife has
recently become pregnant.  If I were to get deployed I would be losing
money when compared to my civilian job.  How can I A: Get a discharge
or B: avoid being deployed

Clarification of Question by jktcat-ga on 03 Jan 2006 09:50 PST
not only would i be losing money but would miss my first child being
born.......so of course jail or cour-martial are completely
pointless.....i would finish my time out before i did either of those
two.....acting crazy is a definite no......i'm looking for something
such as a financial hardship statute......something in the regulations
that can get me out
Answer  
There is no answer at this time.

Comments  
Subject: Re: Discharge from Army Reserve
From: joeythompson-ga on 05 Jan 2006 15:32 PST
 
Violate 'don't ask don't tell'.
Subject: Re: Discharge from Army Reserve
From: ktotheimmy-ga on 23 Jan 2006 20:26 PST
 
Look through this web site: http://www.objector.org
OR call the GI RIGHTS HOTLINE 1 800 394 9544
Subject: Re: Discharge from Army Reserve
From: theboz-ga on 25 Jan 2006 13:34 PST
 
There are many tricks, but they should be used as a last resort.

You could apply for a hardship discharge, but you'd have to meet the
requirements to get one approved.

You could have a medical condition that gets you a medical discharge
(if you hid something in the past, if it came to light now you'd
better be sure your bases are covered there or you'd get nailed with a
fraudulent enlistment).  For instance, Asthma that is not under
control by 2 or more drugs is grounds for a medical discharge.

Sole parenthood could get you a medical discharge, or diminished
mental capacity of your spouse to where she is deemed unfit to parent
alone is grounds for a hardship dischage.  Once again, this is all
tricky stuff.

Avoiding deployments is another issue altogether. Some reserve units
are dedicated to take over slots left behind by active soldiers being
deployed.  If you are in one of those units, you've got it made.  If
not: Transfer to one.  Move? But then you'd be required to go to that
area for training and have an "official address" of another location.

Depending on how much you'd "lose", I'd just deal with it because you
signed up and should commit to your obligation.  Your job is not
allowed to release you lest a lawsuit slam them, and military pay
should cover basic costs you need.  Of course, if your home is much
more expensive and this puts you at risk to lose alot: A HARDSHIP
could possibly be proven....of course, they will expect your wife to
work probably along with your income in determining this.  I'm afraid
if you deploy, your wife cannot be a stay-at-home mother if you got
bills to pay.

By the way, don't let a woman drive your decision (if you are getting
pressure from her) because it is your life and your decisions you'll
have to live with forever if you are discharged unfavorably and then
she gets up and walks. (It has been known to happen to the best of
us.)

If she is a good person, she'll bust her butt to make ends meet with
you deployed...if you know THAT can't be enough to make ends meet
start the hardship paperwork right now.

Good luck.  On a personal level, I think the reserve & guard have been
terribly abused in the last few years with many people I know being on
active duty for longer than they have been off it.  Unacceptable.

Boz
Subject: Re: Discharge from Army Reserve
From: theboz-ga on 25 Jan 2006 13:39 PST
 
Here is a link to what you need (regulation-wise):

http://www.usapa.army.mil/pdffiles/r135_178.pdf

Page 63 contains the info on the hardship discharge.  Missing a kid
being born is bad, but I was there and saw many people go through it
so it isn't like you'd be the only one.  We all served our time and
got home, ya know. But if you are worried about a real HOME to come
back to, do what you can because it is worth a shot to get out in that
case.
Subject: Re: Discharge from Army Reserve
From: theboz-ga on 25 Jan 2006 13:44 PST
 
I never did mention this aspect... if your spouse were to file for
legal separation and gives you the child to care for... that would
normally qualify for a hardship discharge as well.  Don't let those
folks tell you otherwise, go talk to all the folks you can in that
case and say "I have a baby I have to take care of by myself and can't
rely on my parents and "future ex".

I did know people who have used the "don't ask, don't tell" policy to
get out along with the crazy one AND this sole-parent excuse.  If you
are die-hard set on getting out: stick to your guns.  You know what it
was like going in (the BS they give you) and when you get out it is 10
times that.

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