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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33525
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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We went to a bmt graduation at lacking afb, my daughter was

Customer Question

We went to a bmt graduation at lacking afb, my daughter was bit by fire ants and developed the hives, nov 2015. She left for boot camp dec 2015, tech school SF grad was 3 weeks away and they pulled her into med hold because of the ants in Nov 2015. They performed some allergy tests and she did get the hives again so they are talking d/c. My question is if the ants can be that dangerous to become a road block to a military career... why are there no warning signs for people like us...who had never heard of fire ants? All of my grandchildren were bit, what if something happened to one of them? I am sure there are plenty of people in the military that have not been subjected to fire ant venom... why are they not all tested and discharged if they develop hives? Can my daughter fight this and be Returned to Training...even if it is in something besides security forces?
JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: She is currently in Texas.
JA: Have you talked to a lawyer yet?
Customer: Not yet.
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
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 helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. But not sure I understand your specific question. Can you tell me, what is your question? You want to know if you can require the Air Force to notify you of this issue in the future?
Customer: replied 9 months ago.
I have two daughters in the AF. The younger was bit by fire ants at the older one's graduation. Three weeks from graduation they put her in med hold because they went through her file and found she had that allergic reaction, tested her and now want to d/c her ELS. I would like to know if she can fight this and be reclassified.
Customer: replied 9 months ago.
My previous comments about warnings... are because the fire ants may cost my youngest her career choice. We are from Maine, we don't have fire ants and would never have thought about looking for them. If they can cost someone their military career or their life shouldn't there be warnings?
Expert:  P. Simmons replied 9 months ago.
I agree with you...there should be warnings. But still not sure I understand your specific question...
Customer: replied 9 months ago.
My youngest daughter was three weeks away from Sec Forces Tech School graduation, she was pulled because they found she had an allergic reaction and put her in med hold. Now they want to d/c her ELS. Can she fight this and get reclassified or returned to training?
Expert:  P. Simmons replied 9 months ago.
Federal law allows the Air Force to separate an airman within the first 180 days of service with minimal due process rights for the airman. The first 180 days are a sort of probationary period. They can separate her with an ELS because of this (because the law allows them to)Can she fight this?She can submit "matters in writing" to the separation authority. They are required to consider whatever she submits. But, frankly speaking, if they are processing her for ELS, regardless of what she submits she will likely be separated.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.
HiExperts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. Please rate the answer so I may receive creditThanks for your understandingPhil

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