Legal Question in Military Law in Kentucky

Help with getting a discharge!

My husband just completed basic at Fort Knox. He then left and took his GED course at Camp Robinson. He was told he would go straight to AIT when he got back. Now they say he has to stay there till late July and start all over with a new troop! He didnt get into the MOS he wanted due to a security clearance so his recruiter signed him up for this MOS. he didnt want to do it but went along with it. We have 2 young kids and another due in a month! How do I get him home or get him help without him going awol? He was suppost to graduate the end of July but since they are starting him over it will be November. HELP!


Asked on 6/22/09, 3:00 pm

1 Answer from Attorneys
James Matthew Branum James M. Branum, Attorney at Law

Re: Help with getting a discharge!

There are lots of possibilities for discharge from what you've told me thus far. Family hardship is the biggie, but there may be others (failure to adapt, physical or mental health issues, etc.)

A good resource to read up more about the different discharge possibilities and the regs governing the discharges can be found at: http://girightshotline.org/discharges/index.shtml

As far as going AWOL goes, it is illegal to do that. I can't advise him to do anything illegal, but I can tell him that the consequence of going AWOL prior to graduating from AIT are not nearly as serious as the consequences of going AWOL after graduating from AIT. You can read more about this in an article I wrote on Army AWOL policies:

http://www.nlgmltf.org/onWatch/Onwatch_xx-3_Jan_Feb_2009.pdf

Hope that helps. Don't give up finding a way to get your husband back home!

James

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Answered on 6/23/09, 2:16 am


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