Legal Question in Military Law in Missouri

What can happen to a soldier that has given up?

What would happen to a soldier (active less than 1 year) deployed in Iraq, UCMJ wise, who has recently been diagnosed with clinical depression (he has been suffering with it for 12 years self diagnosed) and has given up completely mentally? He has given up completely...doesn't show up for formations, can't bring himself to complete duty when it has been given. Wont take medication. Has even said that he doesn't care what punishment is given.

Will he be discharged for medical reasons? Or is it more likely he will face jail time ( can this even be given if its caused by depression?)


Asked on 1/13/08, 5:50 am

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: What can happen to a soldier that has given up?

Generally, the military administratively separates service members for medical issues if those medical issues are appropriately documented in their medical record. If there is no medical documentation in the service member's official medical record, there is the possibility that the service member could be prosecuted for a variety of charges under the UCMJ. Additionally, since the service member has only been on active duty for less than one year, the possibility is available to obtain an administative separation under a variety of areas. This decision will ultimately depend upon his command. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 1/14/08, 11:10 am


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