Posted on Sep 3, 2022
What would qualify a soldier for a early honorable discharge? and what options are available?
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I am in a situation where I have 8 months to my ETS date and 5 months from terminal leave. I am in the middle of getting a very nasty divorce in which if I dont move back to my home state of Utah in the next few weeks I am going to lose custody of my kids and all of my money (long story). my question is what options are out there for me to get an early discharge? I have tried talking to my command team with no luck, I have reached out to HRC and was told there was nothing they can do, I have applied at every CSP in the state of Utah with nothing coming of it. I am out of options and could use some advice on what I can do.
Legal Services
Advice
Discharge
Time in Service
Posted 2 y ago
Responses: 3
Try AR 635-200, Chapter 6 for Hardship.
However, the problem is if granted, how long the process will completely take.
If your Command and HRC are stating nothing can be done, has the Judge in the case been petitioned to grant some sort of leniency until you are fully discharged?
However, the problem is if granted, how long the process will completely take.
If your Command and HRC are stating nothing can be done, has the Judge in the case been petitioned to grant some sort of leniency until you are fully discharged?
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SPC (Join to see)
SSG (Join to see) - Hardship discharges take time, which is funny because it's a hardship so you think it would light a fire under a units ass but it seldom does. How fast it goes is how well the Soldier presents their case and how fast the units send it to higher i.e. Company to Division might take a long time. Then there's the stops to JAG in between who will review the request and the regs where one of the JA's will opine on it to the approval authority.
I would consult your Brigade Legal Office or Legal Assistance Office for how the process will go if you haven't already, it's usually a simple Memorandum Thru explaining your situation and perhaps some supporting documents attached as enclosures. After that, it's the wait. The thing is to not let them forget about you during the wait.
You could potentially request a transfer to the IRR, but I think that takes about just as long. Really is unit dependent. Watched a girl request separation for pregnancy, she didn't get separated until after the child was born and the unit still tried to force her into the field. Not all stripes and brass are they same I'm afraid.
MSG (Join to see) may have a point, I know sometimes court rulings can be delayed because of military service. Usually because of a deployment, but perhaps the Judge can have some leniency due to time constraints and you being stationed outside of Utah.
I would consult your Brigade Legal Office or Legal Assistance Office for how the process will go if you haven't already, it's usually a simple Memorandum Thru explaining your situation and perhaps some supporting documents attached as enclosures. After that, it's the wait. The thing is to not let them forget about you during the wait.
You could potentially request a transfer to the IRR, but I think that takes about just as long. Really is unit dependent. Watched a girl request separation for pregnancy, she didn't get separated until after the child was born and the unit still tried to force her into the field. Not all stripes and brass are they same I'm afraid.
MSG (Join to see) may have a point, I know sometimes court rulings can be delayed because of military service. Usually because of a deployment, but perhaps the Judge can have some leniency due to time constraints and you being stationed outside of Utah.
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SSG Roger Ayscue
MSG (Join to see) couldn't he be sent on some type of TDY to the local area to assist at recruiting or an ROTC detachment?
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MSG (Join to see)
SSG Roger Ayscue - I doubt it. Being this close to ETS....I doubt HRC would authorize that
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CPT Lawrence Cable
SSG (Join to see) - You should be able to get a stay of the legal proceedings for at least 90 days using the SERVICEMEMBERS CIVIL RELIEF. Have your attorney look at section .3932 on stay of proceedings and .3938 on child custody.
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Seems you have 90 days leave. How about taking 2 months now to put the (Utah) house in order, return to duty for 3 months and then go terminal. Can't see why your CO wouldn't approve such a move.
Or take 3 months now and process your hardship while on leave.
Or take 3 months now and process your hardship while on leave.
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A Million dollar wound! With inflation, may be a billion dollar one now. LOL
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