Legal Question in Military Law in Illinois

Help pleasee

My fiance is in basic training in Ft Benning, Georgia for about 2 months now. He recently told me his duty station is going to be in Germany.

Are they gonna make him go there or does he have a choice? Can he choose whether to go overseas or not especially since he's not even done with basic?

Also, would I be allowed to go with him if we're married??


Asked on 3/25/09, 6:49 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Help pleasee

To answer your questions, yes they can make him go to Germany after he completes training.

He does not have a choice.

He cannot choose whether to go overseas or not. This is why "orders" are called "orders" instead of "suggestions."

He is unlikely to be an E-4 by the time he goes overseas, which means it is unlikely, even if you are married, that the military would pay for you to accompany him. That doesn't mean you can't accompany him, just that neither you nor he would have accompanied status. That means he would likely need a pass in order to stay with you, you would not be entitled to on-base military housing, and you might not even be entitled to use the commisary. Each duty station is different. The rules are different. You need more information before you decide what to do.

It also depends on his MOS and his unit. If his unit spends a sizeable amount of time in the field, you would spend a sizeable amount of time alone. This is something you need to think long and hard about.

It may be better to see if he can get leave after he is in Germany for a few months, and have you fly over and spend a week or two with him two or three times while he is over there. There are some terrific places to visit in Germany, Austria, France, Italy, and no better way to do it.

However, that does mean you'll have to endure long periods apart. It will be difficult, but if you can endure this separation, there is a good chance that your relationship will last.

Good luck, whatever you decide to do. Please thank your fiance for his service.

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Answered on 3/26/09, 11:27 am


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