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My son was told this morning he is being administrative

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Hi my son was told...
Hi my son was told this morning he is being administrative discharged. Back in Aug he had a seizure and was told he has lqt syndrome and had a defibrillator placed in his chest. When he was released the navy moved him to job for sailors with medical issue for 6 months while they did genetic testing before it could go to the medical board for him to be medically retired. This has been a great stress on a 28 year old with 3 children. It got the better of him and he started drinking alot. I had hi put in sarp for 35 days came out with great intentions but 2 days out and his wife left him and took his kids to another state. He went ua for 2 weeks though stayed in contact with his comand. She took the only vehicle and all his money so he had no way of getting an hour to work more stress. He started drinking again and threatened suicide so I contacted the navy suicide hotline and they put him in 72 hour psych ward. He was released to command who took him home.he went to work this morning and his chief told him he was being administrative discharged. Can they do this since he was waiting on his medical discharge
Submitted: 2 years ago.Category: Military Law
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Answered in 10 minutes by:
2/10/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,376
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, they can discharge him even though the medical discharge was already in the works. Nothing in the administrative separation laws considers the time placement of discharges being considered. The laws also don't require that the most favorable discharge available be given. In fact, the rule moves in the other direction, requiring the command to give the lowest appropriate discharge status.

In this situation, the command can legally push forward an administrative discharge based on the misconduct. Now, when you have situations like this with both a medical and misconduct based discharge, they are dual processed at the same time, and a higher level of the military determines which is given. When the misconduct is directly related to the medical issues, or has some connection, they tend to allow the medical separation over the misconduct based one. That isn't a guarantee, but it is possible and certainly something that is taken into consideration before a separation is completed.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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