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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26138
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im a future sailor in the delayed entry program. My recruiters

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I'm a future sailor in the delayed entry program. My recruiters told me to lie at MEPS under oath about a medical condition and prior college education. I have no evidence to prove this claim, aside from possible taking a lie detector test. Neither of these conditions should be disqualifying but might require a waver. Can I be prosecuted for this in any way while I am in the delayed entry program, especially if I decided to come forward and tell the truth?

Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you be prosecuted WHILE in the DEP? No...no, unless or until you enter active service, you are not subject to the UCMJ (this is the military criminal code). While it is theoretically possible that the US Attorney could prosecute you in federal court for a false statement, the chance of that happening is just about zero. No...if you were to admit to this while in DEP, or it came to light in some other manner, what would happen is that you would be separated from the service with an "entry level separation".


Now...if you go onto active duty and this comes to light? Then you are subject to the UCMJ and could, in theory, be subject to prosecution. But in practice this rarely happens...much more commonly the Sailor is separated from the Navy administratively...though that separation could result in an "other than honorable" conditions discharge, which is a negative discharge.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26138
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

When I lied at MEPS the D.O.D.'s personell told me doing so was a felony punishable by 3 years imprisonment, and that felony was seperate from military law. Are you saying that the chance of the U.S. Attorney prosecuting me for this offense is near zero because pursuing that course of action is against military policy? I heard that after two years all of one's personal information is cleared from the Military Entrance Processing Station's electronic records, so I could possibly re-enter and do the forms over. Do you think I should have my commander discharge me and pursue this two years from now, or should I go forward with the truth and risk discharge for fraudulent enlistment and permanent banishment from the Armed Forces?

Expert:  P. Simmons replied 1 year ago.
SOrry for the delay

I was called away

I am saying that while it is a crime to lie on your application to the military, that the Department of Justice will not take the case. They leave it to the military to discharge the applicant. There are many reasons why DOJ will not take the case, one is that the case is not very aggravated (no one was injured, no real harm done) and the other is that if the recruiter prompted this, it could, arguably, be a defense of entrapment. I have seen plenty of cases where a candidate is found to have lied prior to entry onto active duty...the DOJ did not take any of the cases.

It is not true that your records "clear" after 2 years. THat is a common urban myth. Your record will remain in the MEBS and the Navy's database going forward. SO there is not a way to "wait and rejoin". If you admit to this now, you will receive a discharge and will not be allowed to join again.


Sorry to have to bear bad news.

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