Legal Question in Military Law in West Virginia

National Guard Commitment

I am prior service Air Force(1991-1995) and recently signed a contract with the WV Army National Guard for Officer Candidate School. I have attended 3 drills thus far preparing to leave for the 8 week training in June. The Guard has presented much stress for me, affecting my civilian job and family life to a degree I couldn't forsee before signing up. The advice I recieved from a local recruiter was to just turn in my gear and not go back. He said I would be given a general discharge. I know I can't be held to the UCMJ unless I'm on active duty. Should I take his advice? Would I be court martialed? Would anything less than an honorable discharge trump my honorable from the Air Force?


Asked on 5/13/04, 11:40 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: National Guard Commitment

Short cuts rarely work. They work less well in the Military. You would be discharged under other than honorable conditions, and irrespective of your honorable discharge, it would not look good if you needed a security clearance later on, or had some other reason to disclose the incident.

Talk to your commander and apply for a hardship dishcarge. If you need help, see a military lawyer.

Good luck

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Answered on 5/13/04, 2:19 pm


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