Legal Question in Military Law in New York

Discharge

Can a member of the Navy quit his service before his required time?


Asked on 5/23/04, 5:51 pm

1 Answer from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Discharge

Your question has been asked by many, and unfortunately does not have a short answer.

The default is that a member generally must complete his/her term of service. However, there are ways to request to be separated early for a variety of reasons including pregnancy, conscientious objector status, and each service has regulations which contain a detailed list of other reasons. Please note however, that the services try to ensure in every way possible that the listed reason is genuine. Additionally, oftentimes the decision is ultimately one of a commander's discretion (depending on which provision you rely upon) and if your command does not support your decision, it makes things that much more difficult. Conscientious objector status has its own unique requirements.

I usually review these situations on a case-by-case basis. Feel free to visit me at www.courtmartialbrand.com or call me at 646-209-8213.

Sincerely Yours,

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

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Answered on 5/23/04, 6:20 pm


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