Legal Question in Military Law in Texas

Wife wants out of ait

I was wondering how my wife and mother of 3 can get seperated or discharged from the Army. She is in AIT right now and wants to come back to us dearly. I want the same also. We have 3 children under the ages of 4. I worked everyday of my life and then became a mother and father all in one night. I myself am having the worst time dealing with raising the kids by myself. She has cried for 3 months straight now and even went to her commander and asked for a hardship and dependency chapter but they wouldn't let her out. We were both told to go to counseling, which starts monday. She wants out any way possible and she has even talked about going awol. The commander wouldn't help us any. The problems here at home are overwhelming and just too difficult to deal with. She is TOTALLY miserable and so is her family. The pay sucks and the time away from her children isn't worth it. Do you have any suggestions for us? She doesn't want to be recycled into another platoon or do any jail time, but does want out VERY bad. Life has totally went to hell at home because of her joining the Army. I don't understand how a commander can tell a young girl with 3 kids that the best place for her, is in there. Any suggestions would be appreciated dearly.

Asked on 1/20/06, 6:06 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC
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Re: Wife wants out of ait

Sadly, your wife signed an enlistment contract and that contract gives her very few rights with respect to getting out. If she cannot get an administrative separation, the options are not good for her. Try the counseling. Sometimes it helps. The sacrifices are many when you are in the military, and the biggest sacrifice often falls on those left behind. But that is a reality in post-911-America.

Try the counseling, and if that does not work, have your wife seek help from a psychiatrist within the Army, explaining the problems. She may receive a more favorable ear there.

Also, keep in mind that commanders do not advance by letting people out of the Army, and sometimes, it is necessary to endure this kind of hardship. It doesn't mean you or she have to like it, but you may be legally and honor bound to fulfill the terms of the contract.

I know this isn't the advice you would like, but I think its the best advice.

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1/20/06, 7:59 pm
John K. Harris Attorney at Law
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Re: Wife wants out of ait

An entry-level separation may be possible if your wife has less than 180 days of continuous service in the military. Your wife can contact me at john.k.harris@mail.lawguru.com if she wants representation.

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1/21/06, 11:41 am

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