Legal Question in Military Law in Texas

Currently undergoing psychotherapy for depression, seeking seperation.

I have been in the army for one year as an 11B I am currently an E-1. I went AWOL one week after getting to my permanent unit for depression and thoughts of suicide. I was gone for 3 months and even though I was looking over my shoulder I felt reborn. My fiancee and my family convinced me to go back to my unit to get out properly. When I got back to my unit they started cmy chapter paperwork based on pattern of misconduct. I also received an article 15 all possible punishment except going to jail, loss of rank loss of pay, 45 days extra duty. I started seeking help for my depression about 1 month after returning from AWOL due to depression anxiety and thoughts of suicide all returning. I have been to the R&R center twice, been prescribed Celexa and Ambien, and now seeing a psychologist once a week. I've been put on Rear D while the rest of my unit deploys to Iraq. None of these things are helping my problem can I request or can my psychologist request that my chapter paperwork gets put back through. I don't want any benefits I just want to get out and back to my healthy state of mind before I ever joined. Also I have a list of physical ailments chronic foot, leg, and knee pain. I also suffer from sleep apnea.


Asked on 2/01/09, 3:50 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Currently undergoing psychotherapy for depression, seeking seperation.

You can always make the request. However, if you look through the requests on this website there are literally hundreds every month asking what they need to do to get an upgraded discharge because, like you, when they were young they took the easy way out. Most are now in their 30s, with a bad conduct or OTH discharge, and they want that off their record because they want to do a job that requires a security clearance (like police work, nuclear power, etc.).

Obviously your commanders felt like you were worth saving. They did not throw you out, even though that's what happens to most who did what you did. They see something in you, and it would be to your benefit to examine that. At least complete your tour of duty and get out at ETS with an honorable discharge.

However, if you want to be chaptered out, you can make that request and follow it up.

Good luck whichever route you take.

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Answered on 2/02/09, 9:45 am


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