Legal Question in Military Law in Virginia

Army Family Hardship Discharge

My son has Celebral Palsy and several other medical conditions. I need to get him to a Children's hospital ASAP. I'm currently pending a Eceptional Family Member Program enrollment for him, but I have an assignmet to go to Osan AB in Korea. My wife has Reumathoid Arthritis and doesn't speak very much english, there is no way that she is going to be able to find a Children's Hospital and take care of our son by her self. My son needs to have physical terapy, ocupational terapy, speech terapy, audiology and sign language clases, orthopaedics, ophtalmology, ENT care, neurology and developmental care, etc. I have requested to have my assignment change based on the needs of my son and the needs of the Army as well, but that was two months ago and it seems like nothing is getting accomplished. I want to know how can I get out of the Army in the event that the Army forces me to go to Korea? All I want is to provide my son with a good quality of life. I don't want to get out of Army, but I'm willing to do whatever it takes to take care of my son, even if that means getting a Discharge. Thanks for your support in this situation.


Asked on 1/20/09, 2:23 pm

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

Re: Army Family Hardship Discharge

The very best way to get help for your situation is to enlist the support of your immediate commander and/or 1SG. You should make sure your commander is aware of the immediate medical needs of your son and has copies of all the paperwork requests you have submitted. If your commander supports changing your orders and can convince his/her commander to also support the change, you have a better chance of success. If enlisting the support of your command is unsuccessful you should apply for a humanitarian transfer. Your personnel office should be able to assist with that paperwork.

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Answered on 1/21/09, 10:18 am


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