Ask a Military Lawyer. Get Your Military Law Questions Answered
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?
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?
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).