My only brother died 5 Months ago, can I get out of the army or deploying?

Question

I'am the only one to carry on the family name after my brother was killed 5 months ago. I'am my parents only surviving son. Can I get out of the army or deploying? I only have a year and 3 months left in my contract but we are suppose to be deploying in December.

What do I need to do?

DA 3739 maybe?

Answer 1

According to this source:

http://usmilitary.about.com/od/armyassig...

your situation does not meet the criteria for a DA 3739.  Your family can get grief counseling.  There are other options to remedy the situation that do not require relieving you of your duties.

Answer 2

No sorry, but the policy you are referring to was only valid during the days of the draft.  You were not drafted you volunteered and thus will need to complete your current contract prior to being discharged.

Answer 3

I am not certain you can do anything.  See web site

Answer 4

Of course you can be deployed, more than likely you will be in a non-combat zones...There are plenty of units deployed that is no where near the danger zones...So, you still must complete you contract with the military whether it is abroad or on a base.

EDIT..Don't listen to clowns who calls others that, and no not what they speak...There is no discharge available to you once you have signed a contract, they may and that is a big may keep you on post til your contract is over...All the blah, blah and other S**t on sole sibling etc...Is under draft situation, does not apply to those who volunteered, your best bet is a non-combat assignment. They may consider that....

All that other S**t and links are for when a draft is enacted...

Answer 5

Yes. You can request a discharge from the Army. The source below is the regulation covering that.  

Answer 6

There is a Pentagon Policy regarding sole surviving siblings. You cannot be involuntarily deployed or drafted if all of your siblings have been killed during the war.

http://usmilitary.about.com/od/deploymen...

Answer 7

probably not as there is no draft. You voluntarily signed up

Answer 8

The Army's Sole Survivor Policy is designed to prevent family members from serving in combat if they have already lost family members in military service. This does not protect children without siblings—only those who have already had an immediate family member killed in the line of duty.

Keep in mind that the policy only applies to service-connected deaths. The fact that a man is the only son does not qualify him for consideration - he must be the survivor of one who died as a result of military service.

Answer 9

You can't be sent to war if you are the only remaining person to carry on your last name. Can you get out of the Army, no but you can get out of deployment. Why are you fearing death now, I feel your pain and loss for your brother but you can't let his death bring fear to your life you have to stay strong.

Answer 10

Sorry, don't waste your time with the papework unless your brother was killed in the line of duty.

Check with your S-1 and chain of command for more verification vs. YA, but that is the policy otherwise I wouldn't been able to go to my last 4 deployments.

The Sole Survivor Policy describes a set of regulations in the US military that are designed to protect members of a family from the draft or combat duty if they have already lost family members in military service. This does not protect children without siblings—only those who have already had an immediate family member killed in the line of duty. It furthermore does not apply strictly to the sole surviving son, but to all surviving sons.

http://usmilitary.about.com/od/deploymen...

Answer 11

Sorry to hear that, but you still have a commitment to fulfill.  

Answer 12

I'm sorry for your and your family's loss but as you signed up voluntarily I'm pretty sure you can still be deployed. The rule about being the only one to carry on your families name applied during the draft - there are tons of single guys (the only ones to carry on their family's name) who sign up and get deployed. With that being said,  no - you cannot get out of the Army because of your brother's death. You still have one year and 3 months on your contract.

Answer 13

You should not have to be deployed, but you must serve. You should really pray about it. I know its is hard having lost your brother but ask God for help and protection. This not to say that your brother didn't do this but to continue the process for yourself.I pray for all troops. So just know not just me but thousand of people are praying everyday for you. Be strong. Hold your head high and don't be afraid. God is with you. You made a good decision. Whatever your decision is you make it and don't be influence by jerks. You are a great man and a man of honor. Tear come to my eyes as i read your note. I feel your pain . Be strong and help your parents. Search your heart and make a good decision. Be Blessed.  

Answer 14

was he killed in combat?  Just being the only son doesn't get you a pass, what about all the only sons that joined up, should they all not go to combat?

Answer 15

DON’T LISTEN TO THESE CLOWNS . . . . THEY NOT NOT OF WHAT THEY SPEAK . . . .

Call the "GI Rights Hotline" at 1-800-394-9544

YOU MAY TRY TO USE ONE OF TWO METHODS OF DISCHARGE:

Surviving Son or Daughter or Hardship and Dependency

You can find the facts at the site listed below. The “Surviving Son or Daughter Discharge” can be found under “other discharges.”