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I was denied enlistment in Army Reserves 'major depressive…

Customer Question
Hello! I was denied...

Hello! I was denied enlistment in Army Reserves for having 'major depressive disorder, single episode' in my records. It happened about a year ago, I was seeing therapist for about 3 months. My problem is not on the list of possible DQ'er in Army enlistment regulations, however I was DQ'd, and waiver was denied. Please, help me with my situation.

Lawyer's Assistant: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?

Not yet, but really willing to.

Lawyer's Assistant: Is there anything else the Military Lawyer should be aware of?

Sorry, what do you mean?

Submitted: 2 years ago.Category: Military Law
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Answered in 10 hours by:
2/19/2016
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 124,455
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that right now, waivers are hard to come by. The issue is "major" depressive disorder. However, the Army enlistment guidelines say it has to be a current history of major depressive disorder single instance and current is deemed within the last 36 months. Actually, there is no right to be in the Army, so once your appeal was denied, there is no court action that you can take to force them to take you.
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Customer reply replied 2 years ago
Does that mean that I can reapply in about 2 years - when my case will not be deemed current?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
Once you have been denied, you can reapply in 2 years and would need to also file for a new waiver at that time.
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Customer reply replied 2 years ago
Would I have to file for a new waiver myself or my recruiter would have to do that on my behalf?Also, are you sure about 2 years? Because they say about PDQ.
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
If you have not had any further mental health issues the Army is the only branch that will allow you to reapply and file for a new waiver if there is a previous disqualification. You would have to file the waiver yourself explaining the reasons you are seeking the waiver.
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Customer reply replied 2 years ago
Where would you I have to file the waiver?Also, why the Army is the only branch, which would allow me to reapply? As I know, there are different people making decisions in different branches, including dealing with waivers. I assume, if I apply for Navy, for example, even now, that would be a different story, and I could have some chance to get my waiver there approved.
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
I have just had someone apply to the Navy and they refused to take a waiver after they learned he had a PDQ, also, I know the Air Force will not take you with a PDQ, so the same individual has applied for the Army and they took him even with the PDQ, but now we are waiting on his waiver, which required him to write the good cause for the waiver and submit it to the recruiter who submits the form with the good cause reason for the waiver.
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Customer reply replied 2 years ago
I also have specifier 'with moderate anxious distress' in my diagnosis. My therapist told me that it is not the same as 'Anxious disorder'. Could it be treated by MEPS and/or Army Surgeon General, however, as 'Anxious disorder', which, to the knowledge, could DQ me for the rest of my life?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
thank you for you reply.
I am not a doctor so I cannot tell you that part. Anxious disorder is a disqualifier though, which on top of the MAJOR depression can cause an issue at MEPS, yes. It is not just one issue you have now, you have multiple issues and with more than one issue that makes the waiver more difficult and you could be DQ permanently because of that.
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Customer reply replied 2 years ago
I actually have some doubt in my diagnosis as a whole. What if I get a second opinion? Could it help me (to file for a new waiver sooner, for example) ?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago

Thank you for your reply.

If you have a new doctor and they can state you were misdiagnosed for this, then that can be used for your waiver. If the doctor finds that the diagnosis is incorrect, then that would be in your medical records which would be seen by the military.

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Customer reply replied 2 years ago
Could you please give me the name of the Army enlistment regulation document, which mentions '3-year rule'?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
The rule is from the practice, because the rules only say "current" and it is based on how the waiver officer sees current and current is generally anything more current than 3 years.
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Customer reply replied 2 years ago
Should it be 3 years at the moment of enlistment application, enlistment itself, or shipping to BCT?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
It needs to be a minimum of 3 years until you actually apply for enlistment again from the date of your last treatment for the major depression and anxiety.
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Customer reply replied 2 years ago
Your first response says 'for educational purposes only'. What does that mean?
Military Lawyer: Law Educator, Esq., Attorney replied 2 years ago
thank you for your reply.
It means that state laws say I cannot represent you. As I cannot represent you as your attorney, I can only provide you information.
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