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The Army psychiatrist recommended Soldier for Adjustment disorder discharge in the Army.

Killeen, TX |
Filed under: Military law

I objected by writing my Company Commander because I never had any AWOL, Disciplinary Actions or any tardiness but had perform my duties diligently and had adjusted well to military. I sought help due to my Father and Brother death this year and also marriage problems and because depressed and thought of overdosing but got myself and went to the hospital. Now my Commander is telling that he want to chapter me on no family day care plan on Honorable discharge even though I got one. I went to the Battalion legal office and they told me that the company can't discharge me for seeking assistance. My question is can I go and see my Battalion Commander or Battalion Sergeant Major and explain my situation? Can I request transfer to different unit in the company?

I been in the army for only 1.5 years; I must add.

Attorney Answers 3

Posted

Your chain of command should always be utilized first to resolve issues and problems in your unit. You also have the option of filing an IG complaint if the chain of command cannot resolve your issue.

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Posted

You should go to the Trial Defense Service (TDS) on base who can advise you on how to fight this.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Posted

A for good of the service separation may or may not be warranted. No one on AVVO has read the psychological packet, so what is there that is causing the concern is not known by any responding to you. You need to sit down with a JAG, with review of the packet, to determine if there is grounds. You have said that your CO wants to separate, but you did not say you were presented with any packet for separation. It was my experience that if separation is being contemplated, you will not be permitted to transfer - of course I was Navy and you appear to be Army. But I don't think the concern for separation and transfer would be different. Best wishes!

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