Legal Question in Military Law in Virginia

Son getting discharged from the Coast Guard

My son joined the coast Guard 9 months ago when he got to his first duty station a 270 cutter he had problems with the close quarters and had to go to a psyciatrist they said he had adjustment disorder and gave him meds. He was given a TAD off the boat until he finished treatment. The Dr released him stating he is fit for duty and would be fine now they tell hem he is being discharged. He was told he can appeal but it would more than likely not change anything. What do you suggest. Thank you for your help.


Asked on 1/15/09, 7:04 pm

2 Answers from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Son getting discharged from the Coast Guard

I would recommend that he endeavor to give it another shot on the vessel. But, if his issues persist, he needs to clamor (respectfully, but adamantly) that he cannot fulfill the duties required of him. Is he medicated now?

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Answered on 1/16/09, 8:50 am
William J. Holmes Attorney at Military Law

Re: Son getting discharged from the Coast Guard

If he has been diagnosed with an adjustment disorder, that can be the basis of a discharge. However, if he is determined to be fit for duty, then there should be no basis or reason for a discharge. If the command really wants to discharge him, they will have to give him papers saying why they intend to separate him and for what reason. He would have a chance to speak with an attorney and file a response before any action could be taken. He should definitely speak with an attorney about his options. We may be able to stop the discharge from occurring. Even if they discharge him, we may be able to file an appeal.

I hope this helps. Please feel free to contact me directly if you have any further questions.

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Answered on 1/19/09, 12:58 pm


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