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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33073
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm ***** *****...I was medically discharged from navy

Customer Question

Hello, I'm ***** *****...I was medically discharged from navy bootcamp 30 yrs ago for shoulder injury of preexisiting origin. In Navy "exit briefing" I was told that I was not technically in the military because I did not complete basic and served less than 180 days. I was told to not list on job applications as military service or state myself as veteran, except if asked specifically if I'd ever been medically discharged. I've adhearred to those instructions for 30 years without issue. Now I'm concerned about a college admission application I submitted when returning to school a few years ago. I answered no to having served in the military as I always have. However, a couple years ago I mentioned boot camp off the cuff to a classmate who is now aware of discharge. Concerning, I've recently fielded several "fishing type" questions about military service from people in mutual contact with the small close-knit school staff. I've always answered questions about military as instructed by the Navy but now would like to confirm whether that information was indeed correct or not...or do I have anything to worry about with admission application? Could that be grounds for dismissing me or harming new educational/career pursuits as I'm 1 course from graduation?
JA: Thanks. Can you give me any more details about your issue?
Customer: Hello, that's pretty much the issue. I just want to know if the information I was given by the Navy when discharged.
JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry to be the one to bear bad news...someone gave you bad information. You were, technically, in the Navy. Albeit for a very short period of time.

Could that be a basis to kick you out of school?

Perhaps...though, frankly, not likely at all.

What you are describing sounds like an honest mistake...I would not expect them to remove you from this school based on this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
Well, that is exactly what I was told. I had no intention of deceiving anyone. My understanding has always been that less than 180 days equated in the navy as "no prior service." The issue is unique here because I have been preparing to file suit against the school in a very unique situation where I was dismissed in violation of their rules. 3 attys have said I have a very strong case (unlike most against schools). I returned to finish last course of nursing school and they are looking for anything they can possibly use against me. My answer on the application was honest to the best of my knowledge, and a 30 yr old medical discharge for a injured shoulder would have had no bearing on admission. My understanding was that it was better for me to say no service so that no confusion for vet benefits or preference would occur.
Expert:  P. Simmons replied 9 months ago.

Thank you

Again, you served. And you were discharged. Whomever told you otherwise was wrong. But what you are describing was an honest mistake and i suspect it will not lead to your release from the program.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

follow up

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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