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Know military options when dealing with personal issues

Sometimes personal issues that must be addressed out of uniform call for time away from duty. Here are two examples from readers.

Q. My husband and I have decided to begin a family. I am now pregnant but I am concerned about my career in the military. Can I be forced to leave duty?

A. First, congratulations! Now, your question. As recently as 1975, all the services could involuntarily discharge pregnant women, but that’s no longer the case. So you won’t be forced to end your military career.

Pregnant service members may choose to remain in service during their pregnancy or apply for separation. If you choose the latter option, you’ll go through the standard separation process.

Upon medical confirmation of the pregnancy, your unit commander must counsel you on your options. You’ll then have a short period of time — generally seven days — to make a decision. If you choose to separate, you’ll likely receive an honorable discharge, as long as there is nothing in your term of service to indicate otherwise.

If you choose to stay on active duty during pregnancy, you’ll get maternity care at the nearest military treatment facility. If no treatment facility is within 50 miles of your duty station, you’ll be eligible for maternity care at a civilian medical office or hospital.

Pregnant active-duty members are not eligible for overseas deployment until postpartum care is completed. Some leave is available both leading up to and following the birth.

Some rules and regulations regarding active-duty pregnancy vary among the services, so talk to your unit’s personnel office.

Q. After struggling with alcohol abuse for a number of years, I came clean with my commander and was enrolled in the military’s rehab program. The program has taught me a lot about my issues, but I believe I need the type of long-term program not available in the military. What do I do?

A. You have options. Since you’re already enrolled in the Alcohol and Drug Abuse Prevention and Control Program, you’re eligible for separation due to the inability to successfully complete the program.

There are two circumstances under which this separation can be based.

First, it could be determined that there is lack of potential for continued service or continued rehab efforts.

Second, and likely the basis for your case, it could be determined that more substantial, long-term rehab in a civilian medical facility is needed.

Your commander will start the process by notifying you in writing of the specific reasons for separation, the least favorable characterization of service you could receive, and the type of discharge and character of service he recommends.

You then have the right to offer a statement on your own behalf and documents supporting the reason for separation. If you have more than six years of active or reserve service, you also have the right to a hearing before an administrative separation board.

Regardless of why you need to separate, take advantage of your right to legal counsel.

Mathew B. Tully is an officer in the New York National Guard and a veteran of Operation Iraqi Freedom. He is also the founding partner of Tully Rinckey PLLC (www.fedattorney.com). Contact him at askthelawyer@militarytimes.com. This column is for informational purposes only and is not intended to constitute legal advice.