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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26524
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son graduated from basic training (Army - Infantry) on June

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My son graduated from basic training (Army - Infantry) on June 14. During his 14wk basic you incurred a slash on his hand that required stitching, a mrsa infection, 4 wisdom teeth pulled, hospitilation for heat exhaustion. The doctor on base also diagnosed him with stress fractures in both shins and advised 30 days bed rest (which he ignored). He never missed a day of basic, and graduated on schedule. He was assigned to Fort Campbell. During his in-processing, he had 4 day leave over the July4 weekend and came home. We went out on our boat on July 4 and had a nice day. On the 5th he couldn't get out of bed, severe muscle pain. I virtually carried him to the hospital. He spent 2 days in the hospital, diagnosed with heat exhaustion and dehydration. When return to base, his sgt recommended against reporting the condition. He failed his PT the next Wednesday and the Sgt read him the riot act. Assigned him 24hr PQ duty for Saturday, then woke only him for barrack inspection Friday nite @ 12:30am. This past Monday he was given his official assignment. Upon reporting they asked his PT score (not specifically his MOST RECENT PT score). He told them his previous score (prior to the failed test). His previous Sgt discovered this and accused him of lying. They are now telling him they are going to chapter him out. He says he is tired of fighting this and ready to accept the chapter, but I'm not sure I believe him. Do you have any advice for me / him??
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.

Depends on the type of chapter. IF they are trying to give him an "other than honorable" conditions discharge for misconduct? I would fight that. What you describe, he does not deserve an OTH discharge...and, more important, if he is discharged with an OTH he will loose VA benefits. What you describe he has some military related health issues...I would sure fight to keep that benefit. And before they can award an OTH they must give him a hearing and an attorney to help him at the hearing. So he really can fight.

If they are going to chapter him for a general discharge?

Not so big a deal...since with a general discharge he can still qualify for VA benefits (except for the GI Bill)

I would still fight...but when they propose to award a general discharge, the soldier no longer rates a hearing...so they have to make the fight "on paper"...still, he can make his case and request to remain in.

BotXXXXX XXXXXne: What you describe your son has grounds to fight this...how he fights depends on what type of discharge they are trying to give him.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26524
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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