Legal Question in Military Law in Kansas

request for discharge

Ok so in response to the question answered previously about the soldier who would be getting at MINIMUN a field grade article 15 for going AWOL plus for eing in jail for 5 days outside his state for a DUI and evading a police officer.... He did just return from overseas in active duty, and has been requesting a chapter out of the military due to stress. He went to mental health 3 months ago and they had 2 military dr's sign off saying that he was mentally unstable and needed to be chaptered. He is not allowed amunition or weapons or classified info or alcohol. he is not a danger to others around him but to himself because of what he has been through. Now he is in jail, he is still AWOL until the MPs have detained him and brought him back to his command. WIll they give leniancy on him? Even after Mental Health requested he be chaptered, his command has not let him go. He has been in Limbo. And no one will help him. What happens to him now?

Asked on 1/07/08, 2:48 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: request for discharge

He has to clear the civilian charges and the military charges that are currently pending. They won't make a decision on administrative separation until they finish that process.

Lots of soliders wind up in this kind of Limbo. It is a way for the military to try to rehabilitate them, even though it probably doesn't seem that way.

If the military let out everyone who had a hard time, there'd be no one available to protect the country. It must, as a matter of policy, be difficult to get out.

You could consider talking to an elected representative about this matter, but even that might not help in the long run. The short answer is you have to sit back and try hard to bide your time while this matter plays out.

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Answered on 1/07/08, 3:28 pm

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