OTH discharge because of divorce

[Shaye]

I am in Mississippi
Daughter is in Texas
My daughter is being discharged from the Army because she is newly divorced, and has no Family Care Plan. Her First Sgt. has her convinced that this OTH discharge is not a problem. I have read otherwise here. Is there not another choice? Can she not stay in the Army because she is a single mom? I realize she can't go to war, but does everybody in the Army HAVE to deploy? And, why are they taking so long? If she is getting put out, she needs to find a job, and get her child back to their home state and settled in before school starts. And will they (transportation) move her household goods back home for her? I know, I've asked too many questions...sorry.

 

[SHORTY LONG]

I am in Mississippi
Daughter is in Texas
My daughter is being discharged from the Army because she is newly divorced, and has no Family Care Plan. Her First Sgt. has her convinced that this OTH discharge is not a problem. I have read otherwise here. Is there not another choice? Can she not stay in the Army because she is a single mom? I realize she can't go to war, but does everybody in the Army HAVE to deploy? And, why are they taking so long? If she is getting put out, she needs to find a job, and get her child back to their home state and settled in before school starts. And will they (transportation) move her household goods back home for her? I know, I've asked too many questions...sorry.

What are the reason she is being discharged with an OTH? If it is as you
posted because of being newly divorced, that is incorrect! There must be
more to this.

 

[IrishLady47]

If your daughter was only being discharged due to inability to perform duties due to parenthood (Chapter 5, AR 635-200), it is highly unlikely she would receive an OTH discharge. Either you've misunderstood or she is leaving out some facts.

Yes, she can stay in the Army as a single parent as long as she has a valid Family Care Plan. If she remains in the Army, she must be available to deploy AND this includes deploying to a hostile fire zone.

Once she actually has separation orders, the servicing military transportation office can set up moving her HHG.

 

[cyberspook]

I am in Mississippi
Daughter is in Texas
My daughter is being discharged from the Army because she is newly divorced, and has no Family Care Plan. Her First Sgt. has her convinced that this OTH discharge is not a problem. I have read otherwise here. Is there not another choice? Can she not stay in the Army because she is a single mom? I realize she can't go to war, but does everybody in the Army HAVE to deploy? And, why are they taking so long? If she is getting put out, she needs to find a job, and get her child back to their home state and settled in before school starts. And will they (transportation) move her household goods back home for her? I know, I've asked too many questions...sorry.

I think you need to talk to her again about this. They don't hand out OTH discharges without a good reason. OTH is given when a service member has preformed there duty under an other than honorable way hence the name of the discharge. Getting a divorce is NOT other than honorable.

 

[Shaye]

Thank you all, for responding. My daughter tells me she only knows that her discharge is "Chapter 5 thru 8", and that she understood that any discharge, when she hasn't completed her obligation, is an OTH. The Lord knows the Army would be the best place for someone like her(cannot make any kind of decision on her own), except that she has two LITTLE children, that I am too old to raise. I read somewhere in these postings that less than 36 months service has some bearing on her type of discharge. She has been in less than a year. She is obviously not asking enough questions, or, as some of you have said, she is not telling me the whole story. At present, she only goes to formation(with the children) because she doesn't have daycare, and says she can't afford it! Maybe her failure to stand up, and take care of her situation, has some bearing on her status??

 

[IrishLady47]

Thank you all, for responding. My daughter tells me she only knows that her discharge is "Chapter 5 thru 8", and that she understood that any discharge, when she hasn't completed her obligation, is an OTH.

Chapter 5, paragraph 5-8, AR 635-200, Involuntary separation due to parenthood, sounds what she is speaking about. No, being discharged before you complete your obligation DOES NOT mean you will receive an other than honorable characterization of your service.

I read somewhere in these postings that less than 36 months service has some bearing on her type of discharge. She has been in less than a year.

If she had not completed her initial training (basic and AIT), she would receive an entry-level separation which is uncharacterized. Otherwise, since she has not completed either her active duty obligation or her statutory obligation--she may be transferred to the Individual Ready Reserve, depending what her commander feels her potential for further service is.

 

[rppearso]

Also an OTH discharge is not that big of a deal as long as you dont plan on making friends with people in the VFW. As long as you are smart about explaining what happend to future employers you will be fine, also alot of states have laws that prevent employers from discriminating based upon discharge type (except for a full blown dishonorable discharge which can only occure if conviced of a civilian equivalent to a felony in a court martial). People on here will say otherwise but they cant back it up, I have posted numerous resouces in other threads regarding the topic of AWOL and how an OTH discharge will not effect your after service life unless you want to become buddies with drunks at the VFW.

 

[Shaye]

Thank You

Thank you, Irish Lady. I remember from other postings that you know exactly what you are talking about, and I sincerely appreciate your input. Do you want to venture a quess as to how much longer we will have to wait? And how much notice do you think she will have before she will no longer get paid, or have access to the Transportation benefits?

 

[SHORTY LONG]

Also an OTH discharge is not that big of a deal as long as you dont plan on making friends with people in the VFW. As long as you are smart about explaining what happend to future employers you will be fine, also alot of states have laws that prevent employers from discriminating based upon discharge type (except for a full blown dishonorable discharge which can only occure if conviced of a civilian equivalent to a felony in a court martial). People on here will say otherwise but they cant back it up, I have posted numerous resouces in other threads regarding the topic of AWOL and how an OTH discharge will not effect your after service life unless you want to become buddies with drunks at the VFW.

Here is a 24 page Government Document that discusses AWOL/DESERTION,
and the consequences from having less than a honorable discharge!
http://www.hqda.army.mil/ari/pdf/s51.pdf

Moreover, when time allows, I will also share a few Supreme Court Cases of The United States,
and Federal Circuit Cases, in order that you all that are being mislead will see for yourselves of
the "consequences that flow from having less than a honorable discharge."

 

[kwohl]

Here is a 24 page Government Document that discusses AWOL/DESERTION,
and the consequences from having less than a honorable discharge!
http://www.hqda.army.mil/ari/pdf/s51.pdf

Moreover, when time allows, I will also share a few Supreme Court Cases of The United States,
and Federal Circuit Cases, in order that you all that are being mislead will see for yourselves of
the "consequences that flow from having less than a honorable discharge."

all an employer can ask is time in service and rank at discharge. they CANNOT legally ask you anything more. it would be illegal and inappropriate for an employer to do so. however, that doesn't mean that some small time company isn't going to ask you about it as they may not be well versed. asking for any other information would be discriminatory under federal laws not just state laws.

what you presented was a great document shorty, but that document doesn't cover any laws which actually protect vets from discrimination.

asking discharge type would be just the same as asking RACE or SEX and making it a MANDATORY question. have you ever seen that on an application as MANDATORY? i certainly have not. now, this assuming you don't want to work for the government. i'm just not going to bother with that as there many issues surrounding government employment. its possible you could work for the government in SOME positions, but don't count on it. you obviously cannot receive any veterans preference what-so-ever.

at any rate to give you some links regarding EEO

http://www.fa.sjsu.edu/forms/Pre-Employment_Inquiry_Guidelines.pdf

http://usfweb2.usf.edu/eoa/interview_faq.asp

to sum with my opinion-- if possible avoid an OTH, but its not the end of the world.

 

[Shaye]

Another Question

I just found out that she is starting her "second , out-processing consultation" tomorrow, so I'm guessing it won't be too much longer now. Is there anyone out there that can estimate how long the out-processing might take from this stage? I am considering getting the children back here, if she isn't going to be too much longer.
Thanks, again, for all your help.

 

[rppearso]

I have also posted resources that prove you get veterans status for financial aid for school with an OTH. Also depending on why you got your OTH you can still get a security clearance and still work for the government (this will have more to do with the mitigating factors behind why you got your OTH as opposed to the popular opinion of being denied just becasue you have an OTH). The rest of the nation has wised up to the infamous OTH becasue the military can hand them out at there discression so they dont hold much weight anymore, most people outside of the military dont think you should be ostrisized for the rest of your life just because as an 18 yr old kid you took off from basic because it was overwhelming and they wouldent let you out. Dishonorable discharges with felony convictions still hold weight but the majority of the civilian population does not subscribe to the hardliner mentality of the military as it applies to AWOL and other minor infractions. The military has AWOL so hyped up that they would have you believe its on the same lines as civilian felony convictions and people arnt buying it, also the military plays loose with the truth on the term deserter, the deserter status that gets you the death penalty is if you run away during an actual combat engagement not if you go AWOL for more than 30 days. Any hardliner will not admit any of this because this information is the hardliners core tools to intimidate people trying to get out, if you concede to the truth you loose your ability to intimidate.

 

[IrishLady47]

I'm not going to bother to comment on the posts from rppearso and kwohl. It is hard to envision at 21 what opportunties you may be offered later in life. Regardless, it is still best to have an honorable discharge or general under honorable conditions. Which is what she should receive is she is solely being processed out under a 5-8.

OP-your daughter does need to take advantage of ACAP and all other transition services. If there is something she does not understand about her separation paperwork, she needs to seek legal advice from JAG.

As long as she remains in a duty status, she will receive pay. It is possible that since she cannot find daycare (and, therefore cannot accomplish her assigned duties), the commander can place her in an excess leave status until separation. In some cases, permissive TDY can be authorized and she would still receive her pay and allowances. Once she has used accrued leave, she will not be paid. And, of course, she will not receive any pay after separation.

I cannot give you a firm timeframe as this will vary from unit to unit, and installation to installation. Once the separation is approved, a date of discharge will be established that gives the soldier sufficient time complete outprocessing. Normally, she will have up to 180 days after separation to complete her separation move. It will depend on exactly how her separation orders read.

Much information is contained in the preseparation guide which you can access at http://www.acap.army.mil/transitioner/presep/index.cfm.

 

[badapple40]

Please cite to ONE SINGLE LAW that says an employer cannot ask about your discharge type?

The only thing an employer cannot discriminate against is an honorable discharge.

 

[Shaye]

Oversight

IrishLady, I'm sorry, I did not see your post before I edited my post from this afternoon. You have answered all of my questions, and given us access to even more information. I appreciate your efforts, and your ability to overlook the "sideshow" going on. THANKS.