Legal Question in Military Law in Washington

Re: Is There Any Way Out?

There are a number of regulations governing this, and it is too complex for this discussion board. She should avoid just walking away as it has criminal overtones, and in time of war desertion is a felony offense under the UCMJ that can be punishable by death.....and they usually hand out 4 year sentences at hard labor and a dishonorable discharge. She can make herself so unpopular that they will board her out. But that will usually result in an other than honorable discharge. The best way is to explore the regulations for hardship transfer and discharge, enlist the use of the Chaplain's office, take a psychological profile test. It is very hard to say how many billable hours are involved. It depends on the Command to which she is assigned and how hard they make it for her to get out. Those of us who do this work usually bill at around $200 an hour, which is a reduced rate in New York for doing much of anyrthing these days with escalated rent and services burdening small law firms and single practitioners.

Re: Is There Any Way Out?

Let me begin by noting that it is both improper and unproductive to give specific legal advice in this situation. This is NOT anything against you, but you are asking specific questions for a 3rd party, even though it is your wife. Thus, the attorney-client privilege would not apply. But, since this is more or less an open forum, that also eliminates the confidentiality that is necessary to get information from clients and to then properly advise them.

To do this, your wife's enlistment paperwork would first have to be reviewed. There are a number of things that must be looked at, to include what her job is and if it is in an understaffed category - meaning that the Navy is unlikely to agree to an early separation.

There are other, legal options that can be pursued, but none are easy. The Navy is presently not cooperating with this process. I know because I'm representing a Navy person who is trying to get out to go to Medical School and they will not let him go.

If your wife decides to get a lawyer, make sure of the following: (1) that they have actual military JAG experience, not just being a former military person; (2) that they agree to provide a written retainer agreement so that you know what your rights and obligations are; and (3) your wife is comfortable in being able to confide in them.

It is difficult at this juncture to put an hourly estimate on such a case without reviewing the documents, etc. I would say however, that you are looking at a minimum of 10 hours of attorney time, maybe more depending on the circumstances.

Good luck and if I can be of any further assistance, please have your wife contact me directly.

Sincerely,

Donald G. Rehkopf, Jr.

[email protected]