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No JAG nearby. Hoping for answers here, please

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PJ249

Member
What is the name of yWhat is the name of your state (only U.S. law)? NC
Background: Married, but legally separated for 14 months, divorce has not been filed for. Husband is in the Army Special Forces. In the past few years he has had problems with drinking, prescription drug use and PTSD, but it didn't affect his job, just his personal life, he sends threatening (as in he has driven across the country and is in my town and knows how to use lots of weapons or can kill with his hands) or just verbally abusive texts or voicemails to me constantly or says he's going to commit suicide. His commander won't give me any info when I report the incidents and say that he needs help. It was the fear of returning to war again that set off the drug abuse, drinking, and spousal abuse that ruined our marriage. The Commander just says he reports to duty on time,goes to his couseling appointments, etc., so if he is drinking and sending threats, it doesn't affect his job. Husband says his problems are all my fault because I left with the children when the physical abuse started and then called the police on post to check on him when he texted that he'd overdosed....he was put in a 28 day locked in detox program by the Army, which he says was the worse time of his life...but he eventually went back to the pills and booze, alienating all his other family members with his verbal abuse towards them.
He has been telling me for months that he is getting kicked out of the Army, is getting a medical discharge, or is just getting out....all lies to get me to accept that he wont have money to pay child support. I also receive some spousal support. We currently have a court order from the state of California of what he is to pay, it is deducted from his pay, but not always the correct amount since it's based on a percentage. He now lives in Colorado and I am in North Carolina.
Today he was convicted in a civilian court of beating his ex-girlfriend and two other incidents of fighting with someone or of violating a court order to stay away from the ex ...I'm not sure, but he was sentenced to 120 days in jail and 3 years probation (maybe for each count). The closest JAG office to me is about 150 miles away. They tell me to just come in and hang around to find out if I will be able to speak with anyone at JAG. I can't do that. I have two young children in school. I have been ill for several years with a chronic post Lyme disease, which is slowly improving with physical therapy, but right now the support is my only income, except for $65 a month in food stamps and a very small amount of SS for one child on the autism spectrum. Because of my illness and pain, I can't work right now, and cannot get disability because I was a stay at home mom and only worked part time occaisionally.

My question is, if my husband is released from the Army, whether medically or through early retirement (he has been in the Army for about 17 years and we have been married for 12 years, am I entitled to part of his retirement pay for child and spousal support? Will the children still receive medical coverage from the Army? Will I still be covered medically until a divorce is final? Will the court order from California still stand? I'm sure we will eventually be divorced, but neither one can afford more lawyers. I still owe for the one that helped me in California with the restraining order and child support and am making small payments when I can, as pre arranged with the law firm. From what I have written, does it sound like this conviction is something a person would be kicked out of the Army for? Also, if someone is being kicked out, does it take place in a matter or days or weeks or can it take many months? our state (only U.S. law)?
 


CJane

Senior Member
If he doesn't do his 20, there will be no retirement pay, no continuation of tricare coverage, etc.

He is obligated to report his conviction to his commander. Given the desire/necessity of shrinking the Service, he is more likely to be discharged/not retained than he would have been a few years ago - if we're going to have fewer Soldiers, we'd rather have those who demonstrate integrity than not.
 

PJ249

Member
I know there will be no retirement pay if he is kicked out or voluntarily leaves. He has PTSD and other issues from what he went through in war. Was given a 3 year temp duty training troops instead of worrying about deployment. The drugs were prescribed for an injury and he became addicted, alcohol use inscreased as the temp duty was coming to an end and he was going to be deployed. His commander doesn't want to lose him as far as I know, but neither will he force him into some type of program to further help. He is currently in the wounded warrior program and shows up to duty on time and sees a phychiatrist, but says he has them fooled that he is ok. I (and his family) are the ones that get the abusive texts and suicide threats.
My question was that if he is medically discharged, what are my options?
 

Silverplum

Senior Member
If he doesn't do his 20, there will be no retirement pay, no continuation of tricare coverage, etc.

He is obligated to report his conviction to his commander. Given the desire/necessity of shrinking the Service, he is more likely to be discharged/not retained than he would have been a few years ago - if we're going to have fewer Soldiers, we'd rather have those who demonstrate integrity than not.
I'm truly enjoying the respectful capitalizations! :) ;)
 

CJane

Senior Member
My question was that if he is medically discharged, what are my options?
If he's medically discharged, your options are the same as they are right now. Divorce or stay married. See if you can attach his VA disability payments for the children.

There's a very good article here, which explains in very broad terms the process of medical discharge, the types of discharge, and what each means to benefit distribution/eligibility.

http://usmilitary.about.com/od/theorderlyroom/a/medseparation.htm

But no one here can really give you any idea what WILL happen, as we have no idea if he's fit for Service or not. He could very well be doing all of the things you claim and still be considered fit. He could be doing NONE of the things you claim, and seem perfectly healthy, and NOT be fit. *shrug* That's up to the Medical Board to decide - and if he never gets referred there by his commander, it's a moot point.

It's best for YOU, from a benefits standpoint (and also for the children), if he manages to be retained and completes his 20.
 

PJ249

Member
Thank you for the informative article. I guess my main problem is that I don't even know if a medical discharge process is going on. My husband said months ago that there was and once told the children to tell me that he was going to move to NC in January. He has told so many lies, that I don't know what to believe. His Commander won't give me any info, so I don't know if I will just suddenly be without child support with no warning. I would have thought that his Commander should inform me if my husband is being discharged, because it will affect the support of his children.

According to a friend who was at the civilian court sentencing Thursday, he was sentenced to 120 days and said he wouldn't have to start jail time until March "to give him time to get out of the Army". Does anyone on here know if there is a JAG available at or near the Amory in Charlotte NC? That is still a 2 hour drive, but closer than going to Ft. Bragg or Columbia, SC.
 

Shadowbunny

Queen of the Not-Rights
If he's in a Warrior Transition Unit, chances are very good that he's being looked at for a Medical Separation. MEDBOARDs take approximately one year from start to finish, but they don't start the process until the Soldier has gotten as completed treatment. If he's medically retired (not just separated) he'll be entitled to the same benefits as a regular retirement, including the option to purchase Tricare Prime for the kids.

Honestly, I wouldn't bother making a trip to see JAG. They're not going to provide much besides some general support information and a list of local attorneys who are familiar with military issues. You may want to call the Chaplain at his current post; they may be able to help you get some info on your husband's discharge status.

In the meantime, you may want to look into Military OneSource. As long as you're still a Soldier's dependents, you and the kids entitled to free, non-medical counseling with a provider in your area.

Best of luck to you.
 

PJ249

Member
Thank you so much for your reply. This is the most helpfull information I have received from any source. I will try contacting the post Chaplin.
 

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