Legal Question in Military Law in Illinois

OTH discharge from USMC

My daughter is getting an OTH discharge. Her 1 year was 5/2008. In early 2008 she requested a discharge for failure to adapt. They kept losing her packet. She is now 34 weeks pregnant & 2 months ago they told her she would be released in 30 days. She has a medical note stating she is not fit for duty. She requested a medical leave due to PTSD. Now they are telling her they can only give her a OTH. Is this correct? They told her they would give her 180 days of medical. Last week they changed their mind. They also did not pay her for 3 months. She just rcvd 1st ck in 3 months on 11/14/08.

Asked on 11/19/08, 10:23 am

1 Answer from Attorneys

William J. Holmes Attorney at Military Law
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Re: OTH discharge from USMC

NO, she should not receive an OTH. That is a discharge which is for various forms of misconduct. If she is to be separated for pregnancy, that should be an honorable discharge. If she is being separated for a medical condition involving PTSD, that should be a medical discharge with a possibility of disability pay. It sounds like they are giving her bad information to intimidate or scare her into doing something. Tell her NOT to sign anything without speaking to an attorney. She has various rights which can be elected or waived and they may try to convince her to waive them. Make sure she does not do so. She has the right to speak with an attorney before she signs anything or makes any decisions and she should do so.

Please feel free to contact me if there are any other questions.

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11/19/08, 10:38 am

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