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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110542
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a daughter in navy boot camp. She was separated under

Customer Question

I have a daughter in navy boot camp. She was separated under 2311. My daughter was under Tricare as a minor through me and the navy did not receive records for her while she was a minor. One letter from an ER visit when she was 16 stated she was admitted for anger issues but released a couple hours later. The medical officer decided based on this memorandum that she has anger issues and does not qualify to stay in the service. As a professional I do know that no diagnoses of anger can be made based on an ER visit. I'm also surprised that they never asked my to sign a ROI for my daughter when she was underage since it is under my social security number? So, my question is did they use right procedures for my daughters separation? If not, what options do we have?
Submitted: 4 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They can obtain her records at any time, even when she was almost done with boot camp. However, if they have made this determination for the administrative separation, all you can do is appeal it to the chain of command. Unfortunately, the command typically will not reverse this type of discharge and there are very few options available.

She can file a DD 149 to appeal the discharge classification so that she can later apply to enlist again, because if she does not appeal they could prevent her from trying to enlist later with a reinlistment code. The discharge review board is the only one who can change the RE code to allow her to reenlist upon her getting a proper evaluation now and having a medical record that she does not have any mental health issues. Unfortunately, she has to still separate and then get a medical evaluation and appeal the separation and then reapply for enlistment if the board rules in her favor.

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