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If I Had an entry level separation from the navy, is it necessary

 
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  • Answered by:psimmons
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Customer Question

If I Had an entry level separation from the Navy, is it necessary or am I legally obligated to admit to being in the military? I have heard many people say it was as if I was never in the military

 

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State/Country relating to question: Florida

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Submitted: 289 days and 1 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  psimmons replied 289 days and 1 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

And Entry level separation simply means that you were separated before having served 180 days.

It does not equate to not being in the military.

If you claim to not have served, and the prospective employer searches your military record, they will see the entry level separation and that you have served. So you may want to tell them up front.


Let me know if you have more questions

Customer replied 289 days ago.

Am I required by law to answer yes to having been in the military?????

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Expert:  psimmons replied 289 days ago.

No. NO way. THere is no law that would require this.

It is just that if you claim that you have not and the prospective employer finds otherwise, they could use that as a basis to terminate you.

But there is no law that requires you to say one way or the other.

Customer replied 289 days ago.

Where can I find a statute to That states if I have to say yes or no to previous m,ilitary experience? My employer is stating that I willfully falsified my application when that cannot be further from the truth, I was told by many military personel that Im not legally obligated to disclose my prior military experience because of my entry level separation, it was if I was never in the military!

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Expert:  psimmons replied 289 days ago.

There is no statute...that is why I told you that there is not a law that says one way or another.

But whomever told you that you were not in the military was wrong. That is not the truth.

But I get your point...if you did not realize that to be the case, it would not be a case of lying.

Customer replied 289 days ago.

I am thankful for your advice and completely agree with you but What i really need is written confirmation that there isn't a law requiring me to disclose my previous military experience!!

Thank you,

I really need your help

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Expert:  psimmons replied 289 days ago.

But there is no such law. You are trying to prove a negative. The fact there is no law can be shown by a review of title 10 US Code. That is military law. You will find no such law there.

Customer replied 289 days ago.

Relist: Other.
He didn't answer my last and most important question

Accepted Answer

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Expert:  psimmons replied 289 days ago.

There is no law that requires this.

For that reason I can not point to a particular statute.

I can show you this

Here is the link

that is title 10 us code

That is military law

There is no law in there which would require you to answer the question posed in any particular way

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 98.0 %
Accepts: 10148
Answered: 6/21/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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