Legal Question in Military Law in New Mexico

discharge

I was recently diagnosed with a disorder called cyclothymic disorder that causes severe mood swings. I am in the US Marine Corps and I was wondering, my doctor is putting in a recommendation to my commander to have be seperated from the Marine Corps. It was a Prior to Service illness that was never detected until know. What I was wondering was, can they deny a discharge even if recommended by a doctor? Would it be smart to get a civilian attorney or a JAG Attorney or to just wait it out? Is there any way under the UCMJ or other code or whatnot or contract that could speed the process up?

Thank you


Asked on 10/23/00, 8:14 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: discharge

Your best advice is to wait it out. Your rights in the military are severely curtailed from those in civilian life.

Kicking the sleeping military dog is seldom wise.

If you are denied the relief you seek, then get more aggressive.

Check with your base JAG officer for further advice at this time, as that does not mean you must take action now. S/he can make discreet inquiries on your behalf which should not adversely affect your case.

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Answered on 11/16/00, 9:00 am


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