Legal Question in Military Law in California

hardship discharge

I am a E-4. I came home last week and found that my house was cleaned out. My wife left me. she said I could salvadge my marriage if I return home. My son arrives here for visitation in 2 weeks. I have half of my income garnished for child support. I will have to pay when he gets here for 3 months plus, pay for daycare leaving me with nothing in the hole (since wife left). If I could return home I will have family my sister runs a daycare. My brother has his own business I would have work$$. My son lives back home also I could see him more than once a year. My mother is partially disabled and she lives alone. I have been to the shrink on base 3 times and on suicide watch for the past 2 weeks. I have a drinking problem that has developed since I got here (in treatment). I have tried to go back into the reserve (palace chase)I tried to get back home they have told me no, I have to serve out half enlistment. The Air Force never paid for my training (ANG). they are not letting people in for downsizing, but yet they will not let me out. I wil do recoupment $$$. I can barely function or eat. I know that I am unfit for duty I cannot work aircraft for 6 months. I do not want to go AWOL but it seems like I am not getting any options here.


Asked on 5/30/04, 4:42 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: hardship discharge

Talk to your supervisor about requesting a humanitarian transfer to a base near your family. That's option 1. Option 2 is requesting a hardship discharge, again through your supervisor. You may have a case for the discharge, given the facts of your situation. But it is up to the AF to decide whether to give it to you. You do not have a right to either. But make sure your supervisor knows ALL of the facts. Do not go AWOL. That will only lead ultimately to a court-martial, which is a federal conviction, and will remain on your civilian record forever.

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Answered on 5/30/04, 8:26 pm


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