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Can you be discharged from the military based on speculation?

Louisville, KY |

What rights do I have as a member of the Air Force? I received notification of an involuntary discharge from the Air National Guard. They want to give me a general discharge for two reason. 1) My ex girlfriend filed an EPO against me. Judge ordered no contact for one year. That ended with no issues in June of this year. 2) After not getting what she wanted in the EPO hearing she claimed I uploaded a video of her onto the internet. The local police detectives did a thorough investigation. I was even called in for questioning and I gave them my computer to rummage through to clear my name. After many months they dropped all charges because there was no evidence saying I did anything. All this had passed, months later the Air Force decides to kick me out. I don't understand. What can I do?

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Filed under: Employment Military law
Attorney answers 5


You need to speak to your ADC for your unit. If you have less than six years in the military you have the right to a written rebuttal to the commander, which your ADC can help with If you have six or more years you have the right to a hearing before a board where you can present all of this material in an attempt to convince them not to discharge you.


You won't be separated on speculation--a court issued a protective order against you, that is not speculation. There apparently exist sufficient legal grounds for a civilian court to believe you were/are a danger to someone. However, you DO have some rights and you should exercise those rights as soon as possible in the process.

If I were you I would contact the base legal service office. Depending on how long you have been in you will have different options--that JAG will review your documents and get answers to questions you did not post that impact your situation.

See that JAG ASAP.

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It depends on how long you have been in the ANG what your rights are and what type of discharge they are trying to give you.
This is the regulation applicable to you.
In their notice of separation they are supposed to inform you of the basis for separation and also allow you access to information being considered by them as justification.

You need to make an appointment ASAP with an military defense counsel, or you can hire a civilian attorney.


Not based merely on speculation, but it sounds like they have more than speculation. You need to speak with your JAG office first.

John Whitaker
Whitaker Law Group
1218 Third Ave; Suite 1809


Hire a military lawyer right away. You can and should fight this. The very same evidence you used to convince law enforcement not to proceed with their case could help you in proving there is not basis for separation. Don't delay. Call us with any questions. Good luck.

Charles Schierer
1-312-888-5832 You may hire our firm by calling 1-312-888-5832. Personal Injury cases on a contingency fee basis. If we are unable to collect money for you, then you pay nothing. This answer is only general information, is not "legal advice" and does not create an attorney-client relationship. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.

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