USING QUESTIONS AS A COUNSELING TECHNIQUE

Some counselors and attorneys prefer to discuss discharges by asking GIs specific questions about their situation. This can be used instead of, or in addition to, explanations for the grounds for discharge. The questions below also provide a handy checklist for an initial counseling session; at the end of the session, the counselor attorney should have answers to all of these questions.

Hardship Discharges

1. Does some close family member have a serious medical, financial or psychiatric problem?
2. Will the problem last for a year or more?
3. Is the servicemember the only one who can solve the problem or help the person cope with it?
4. Can the problem be well documented?

Medical Discharges or Retirement

1. Does the GI have a medial problem which, if he/she paid proper attention to it, would keep him or her from performing military duties?
2. Did the problem develop, or was it aggravated, while the person was on active duty? (This goes to disability money, rather than qualification for discharge.)
3. Has a civilian or military diagnosed the problem?

Conscientious Objection

1. Does the person believe it would be wrong to participate in any war?
2. Is the belief based on objection to killing another human being?
3. Is the objection based on religious, moral or ethical beliefs?
4. Can the GI say that the beliefs came together or became dominant in his life since enlistment? How recently?
5. Is the belief of great importance to him/her?

Homosexuality

1. Does the GI consider himself/herself homosexual or bisexual?
2. Regardless of this, has the GI engaged in any same-sex sexual activity? (This includes any acts of sexual nature.)
3. Does the GI want or intend to engage in any same-sex sexual activity?
4. Has the GI married or joined in a formal union with someone of the same sex?
5. Warning Question: Would a little command inquiry show the GI was lesbian or gay before the current enlistment, or that he/she falls under the aggravating circumstances in the regulations?

Please Note: Because of their concerns about homophobia, many GIs are unwilling to tell strangers about their sexual orientation. Some counselors precede these questions by a comment that they are opposed to the military's policy about homosexuality, or ask if the GI "could comfortably tell their command that…" they fall into any of these categories.

Other Designated Physical and Mental Conditions

1. Does the GI feel his or her emotions or behavior are really different from what he/she thinks they should be?
2. Does the GI suffer from any emotional distress (such  as depression, explosive personality, uncontrollable anger, etc.) that keeps him/her from coping with military life?
3. Does his/her military record (quarterly marks and disciplinary record) reflect the problem?
4. Does the GI suffer from motion sickness, sleepwalking, bedwetting, obesity (even after being placed on a weight control program) or allergies? Or is he/she too tall? (The reasons vary from service to service.)

Contract Violations

1. Was the person promised a substantial benefit by the recruiter that he/she did not receive?
2. Was the benefit one of the reasons the GI enlisted?
3. Was the promise in writing or in front of a witness?
4. How long ago did the GI discover it was a lie?
5. Is there a problem or condition the GI and recruiter didn't know about, which might have prevented the enlistment?
6. Did the recruiter falsify information bout the GI to make the enlistment possible (lying about legal problems, forging a high school diploma, etc.)?
7. Can the problem be documented by paper or witnesses?

Other Discharges:

1. Does the GI have a minor child, and will that interfere with his or her ability to perform military duties or be available for worldwide assignment? Does he/she have sole custody?
2. Is the GI currently under 18 years old? And if so, did his/her parent sign the enlistment contract? (Minority Discharge)
3. Is the person a citizen of another country? (Alien Discharge)
4. Does the person have consistent problems in performing his/her duties? He he/she received two "adverse" evaluations (Unsatisfactory Performance Discharge).
5. Has the person been recommended for and failed or refused alcohol rehabilitation or drug rehabilitation? (Alcohol or Drug Rehabilitation Failure Discharge)
6. Is she pregnant? Or has she just given birth to a child? (Pregnancy or Childbirth Discharge)
7. Is the GI the only remaining son or daughter in a family where a parent, sister or brother died (or is permanently 100% disabled) as a result of military service? (Sole Surviving Son/Daughter Discharge)
8. If the GI is within the first 180 days of active duty, is he/she having problems adapting to military life? How serious are the problems? (Entry Level Performance and Conduct Discharge)

Avoiding Potentially Bad Discharges:

1. Does the GI have non-judicial punishments or courts-martial, which might lead to a Misconduct Discharge?
2. Does the GI have any civilian convictions (including drunk driving) which could result in Misconduct Discharge?
3. Does the GI have a positive drug test, or is the command aware of any drug use? (Drug Abuse/Misconduct Discharge)

If any of these exist, the client should be warned about the possibility that working on a discharge will encourage the military to consider an alternative or dual basis for discharge in order to give the GI an Other Than Honorable Discharge.