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Allen M., Esq.
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What happens when someone in the military is using someone

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What happens when someone in the military is using someone else social security to work as a soldier. If The person has a citizenship certificate but not s/he's own social security.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

If they military found out, they would likely separate that person for fraudulent enlistment and give them a punitive discharge (not an honorable).

 

It could be worse, depending on how upset the command is about the matter. The command could choose to actually charge it as a criminal offense and there could be a court martial, where there could be a punitive discharge and jail time.

 

It will just depend really on what action the command chooses to take, if this were found out.

Customer: replied 1 year ago.

The person apply for citizenship it got approved he also deploy 3 times and never been in trouble. If theres any hope for that person to served in the military after serving for 10 years. He was the one that started that investigation. What can he do.

Expert:  Allen M., Esq. replied 1 year ago.

The issue here is that his current citizenship does not change that fact that when he first entered into the military, he committed a crime. I wish I could tell you differently here, but the law is very clear on the subject. His initial enlistment was fraudulent and the military tends to be upset when that happens.

 

Now, his command is not legally required to court martial him or to process him for separation, but that is a command choice. He will not have a legal right to not be processed. If command chooses to let it go, which is highly unlikely but technically possible, then he'll be able to continue to serve.

 

The more likely result is that a commander simply separates him from the military, but he doesn't get a very bad discharge....just a general discharge, based on his prior service. A commander, respecting his prior service, can choose to NOT charge him criminally, which is a good result here.

 

I know that you'd like me to say that he can leverage his military career and deployments as a way to get them to let him continue to serve. I wish I could tell you that, but legally that is a very unlikely result. Honestly, the best that he can hope for is avoiding court martial for having engaged in defrauding the military for 10 years.

 

I'm sorry. I'm just trying to be honest with you here about the probable results.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16123
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Expert:  Allen M., Esq. replied 1 year ago.
And yes, he can lose his citizenship right here, because if they choose to court martial him for fraudulent enlistment, that will remove his honorable service from consideration.

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