Legal Question in Military Law in New York

Re: Getting a separation from the military

An Entry Level Separation is not something you can "get." It is a command-initiated action, which means your CO has to be convinced that it is in the best interests of the military. Just as recruits are individuals with their own preferences and priorities, so too will your CO's preferences and your outcome vary.

Eligibility for ELS ends once you have been "in" for 180 days.

Step One is to bring to the attention of the command your concerns that it's just not working. The command will try to ascertain whether you are making it up, or if it's a short-term "adjustment reaction." The latter will get you counseling, and the former will get you disciplined, opening the door to Article 15, BCD, OTH, etc. Not necessarily a good move.

The question was posed as a hypothetical. If you have not yet entered the military, your doubts at this point would indicate that you should seek counseling. Clergy would be a good place to start. If you are in school, a guidance counselor would be a good idea, too. If you are already wearing green and are thinking about toughing it out through basic and THEN seeking an ELS, I would suggest you talk to a chaplain. Keep in mind that if you talk to a military doctor about your uncertainty, you might just as well speak to your DI, because the doctor is going to make a report to the chain of command, yes sir! It is not in your best interests (assuming that you really and truly made a BIG mistake in taking the oath) to delay or defer or procrastinate: this process takes time, and once the 180 days are up, you are no longer eligible for ELS.

Do not enter the military if you have a "problem with authority." Putting on green will not make that problem better, only worse. If you do not like people telling you what to do--especially if the people are not as smart as you are or if you think what they are telling you to do is just dumb--then joining the military is not a good idea. On the other hand, if you think you are immature and the military can help you, and provided you have the basic strength, stamina and agility to be a soldier, then joining the military can give you the confidence you're missing and make all the difference in your life. Only you can make the decision: get all the information you can.

Oh, and do not trust the recruiter. The recruiter's job is to pass qualified candidates to the in-processing center. There are lots of horror stories about recruiters shading the truth about their candidates' qualifications.