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joelaws8
joelaws8, Attorney
Category: Military Law
Satisfied Customers: 369
Experience:  I can answer military law questions.
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My son has been working for over a year to get into the Navy.

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My son has been working for over a year to get into the Navy. He advised his recruiter of his entire medical history, including ADD, and was told he would need to get a statement from his doctor indicating among other things that he no longer needed medication. When he got the doctor's report, he was told it needed to be on the official military form, but was then advised by the recruiter not to divulge the info unless asked about it.

With a score of 85 on the ASVAB, he was slated to attend the Nuclear Power School after Boot Camp. However, his conscience wouldn't allow him to go in under false pretenses, and he told his new recruiter (the old one moved to another office) about it. At that time, he was told that he was disqualified.

Is this disqualification based on the ADD, or the fact that he withheld that info? Also, is it a permanent disqualification, or can he try again?

Would he be facing any legal ramifications at this time?

What happens to a recruiter who advises a recruit to withhold information?
Submitted: 1 year ago.
Category: Military Law
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Expert:  joelaws8 replied 12 months ago.
Good evening and thank you for the question.

First off, I am very sorry that you and your son are going through such a tough situation.

Is this disqualification based on the ADD, or the fact that he withheld that info? Also, is it a permanent disqualification, or can he try again? It is likely based on the fact that he has ADD and that may prevent him from being eligible for the MOS that he was slated for. Alternatively, the recruiting station may have rejected his application based on the original misinformation. He should ask his recruiter exactly why he was dq'd. He should give him that info, but there is no requirement that he does. Just like if someone applied for a job at the post office and did not get it - there is no requirement for the USPS to tell him why, but they might if the person asks.

Also, is it a permanent disqualification, or can he try again? He could go to a different recruiter / branch and start the process over. If he is asked if he ever applied previously, he should just explain the situation and that the recruiter poorly advised him to withhold information. It is highly probable that if he applies to another branch (other than Navy or USMC), then they will have no record of him, and he could apply properly with full disclosure of his ADD from the start.

Would he be facing any legal ramifications at this time?
Since he never became a recruit or sailor, he is not subject to the Uniform Code of Military Justice (UCMJ). Therefore, he cannot be court -martialed or anything like that. If he had maintained the original lie, became a sailor, and then it was discovered that he lied on his application, they would probably just kick him out with an Other than Honorable Discharge (which can have significant ramifications in the civilian world), therefore it is good that he came clean prior to that.

What happens to a recruiter who advises a recruit to withhold information? You can file a complaint with the Inspector General by clicking here. This will likely result in an investigation. However, recruiters are unfortunately known to do this so much so there is no guarantee that anything will come from it.

I hope that answers your question! If so, please positively rate my answer. Experts only receive compensation for answers when the customer rates the answer. Rating my answer will NOT preclude you from asking follow up questions in the future, should any arise. In fact, if you rate my answer, your follow up questions will be my highest priority! If you would like any additional information or have more questions please don’t hesitate to ask!

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Thank you very much,
Joe
joelaws8, Attorney
Category: Military Law
Satisfied Customers: 369
Experience: I can answer military law questions.
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