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Is there a way to appeal a fraudulent discharge from the

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navy... My son was sworn...
Is there a way to appeal a fraudulent discharge from the navy... My son was sworn in August 2014... But he left for boot camp april 2015... He told his recruiter August 2014 that he had been arrested for under aged drinking while being away in college. The recruiter told him to not mention it... So he followed his recruiters orders... After boot camp while in his "a" school, he was discharged for fraudulent enrollment November 2015... He is very unhappy with this situation... It seems to be the practice of these recruiters to tell there recruitees to "not say anything". These recruiters are viewed as representing the Navy... These young adults are only doing what they are told and I'm sure this are thousands of stories like this...Is there anything he can do? Is there anything you can do?
Submitted: 1 year ago.Category: Military Law
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Answered in 4 minutes by:
12/4/2015
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,283
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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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 for this dilemma. I am assuming you want a frank answer.

Other than complaining about this specific recruiter (he can make the complaint to the Navy...or to his Congressional representative), there is nothing that can be done.

It is not possible for him to return to the Navy.

Nor is it possible to change the discharge.

While it is possible, in some cases, to change the characterization of a discharge, this can only happy if you can prove "error" or "injustice".

For example, if your son disclosed this originally, and they took him in and then discharged for fraudulent enlistment ?

That would be a clear error and he could apply to the board of corrections for naval records to have the discharge changed.

But what you are describing, your son made a false statement. That is a basis to separate him accordingly

I understand he did this at the insisting of the recruiter. And he can absolutely complain about that. But that will not be enough to change the discharge.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they will change his discharge, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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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Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

the system indicated you had more questions.
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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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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