Ask a Military Lawyer. Get Your Military Law Questions Answered
Yes my main concern is if the ELS discharge will keep me from obtaining the Secret security clearance.
The injury was actually an illness. Basically my throat closed up on me and they listed a lot of possible causes. My take on it is this: During my enlistment my platoon didn't have a barracks to stay in, so we slept on the floor of another platoon's barracks. We had only two working shower heads in the barracks. Normally the 60 of us couldn't get a shower in the 10 minutes allotted so we just cleaned ourselves with water and rags from the sinks or if the sinks were taken up we used wet wipes. We tried to rotate who would be in the shower, sink or general area. However, a lot of fights occurred over who got to shower so I just used wet wipes as it took less time with arguing and possibly not even being able to get clean.
My guess is that poor hygiene and possible containment's in my airway possibly lead to my illness. I can't quite say that though because I was the only one who fell that ill. All I know is that one night I woke up and couldn't breathe. My guess is that fireguard called for help and I ended up in medhold for about a week to recover.
The only disciplinary action that happened was when I received a article 92 for disobeying a direct order. Essentially when I reported back to duty I did not have my PT mat. While in medhold my PT mat and some other supplies were "misplaced". I was told it was my duty to keep track of my items. I attempted to appeal that I couldn't keep track of items in platoon 3's barracks while I was in medhold. However, it was overturned on-the-spot and I was told to retrieve another PT mat from CQ.
I was also told I was a "non-trainer" at the time but still could do PT. My rifle and other gear was taken away or distributed to others. This also caused issues when preparing for going out to the range without the proper equipment. I did go to 'profile' PT every morning and would often try to join my platoon/company in the march to the DFAC to make sure that I was doing my best. I was often told to march with the other profiles so that's what I did. Eventually the time came for me to "restart".
I decided at that time I did not want to restart. I believe this is the reason for the ELS code. With medicine and time I did not have any further symptoms of passing out and did work to strengthen myself. However, I essentially lost motivation and refused the restart. Reflecting on it now I know that I could've made it through a second round but at the time this occurred I was frustrated and confused with the system.
Please let me know if this puts things in perspective as well as please not my primary concern is if this ELS code will prevent me from getting a 'Secret' security clearance.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).