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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19310
Experience:  Lawyer and current JAG officer.
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My son just joined the military. He made it to the last week

Customer Question

My son just joined the military. He made it to the last week of AIT and could not pass a PT test. Doctors found a hole in is heart that there saying was a birth defect but it has never come up on any health screening since he was a baby. Can the military just put him out or does he have to do a medical review board. To get out
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
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, the military can put him out. He has not been in long enough yet to require any sort of hearing or due process before separation. You have to have served for at least 6 years to be entitled to a hearing before separation, unless the military is seeking a punitive discharge against you for misconduct (and that's not the case here). A medical review board is only necessary for situations where the evidence clearly shows service connection (and a heart defect not caused by an injury is going to be considered congenital and not service connected). They can separate him under the concept of either medical disqualification or erroneous entry (as he wouldn't have been allowed in if this defect had been discovered before). If he disagrees with the finding of a lack of service connection, he can certainly file a VA claim once he is separated, but as I noted before, this type of condition is exceedingly hard to connect to military service. A hole in the heart, other than one caused by an injury, is almost always a birth defect. There are situations where one can be caused by vegetation or bacterial infections, but in both instances there would be an accompanying illness that he'd be suffering and not just an inability to pass the PT test. 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.
Expert:  Allen M., Esq. replied 1 year 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.