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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19168
Experience:  Lawyer and current JAG officer.
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I was medically discharged during training but giving fraudulent

Customer Question

I was medically discharged during training but giving fraudulent entry because one out of three doctors mistakenly stated several years for the issue instead of several days. How do I get this fixed after the doctor refused to correct the error.?
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. To correct any issue with your separation, you have to file a DD Form 149 with the military records corrections board. Only that board can actually change the record to reflect a different discharge status, narrative or reenlistment code. To get that board to change the issue, you'll have to prove that the discharge status given was either an error or an injustice. That can be difficult to do when there is the doctor's statement of several years, because they can claim that is correct. You would just have to push the opinions of the other two medical professionals as the accurate reflection of what happened here, and on that basis calling your entry fraudulent rather than just erroneous is an error. 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.
Customer: replied 1 year ago.
I did put in an application to have it amended at the FHCC in Great Lakes,IL but that didn't come through before my discharge. I however took the documentation to the legal office but that didn't stop them from giving me a fraudulent entry. Finally received a letter from the hospital saying the doctor refused the correction even though they printed all my other records and had nothing to collaborate her statement. I was giving some options to have it looked into again with the VA or the hospital.
Also my current N-400 application for naturalization was denied because my DD214 stating fraudulent entry.Whats my best option to have it amended ? File a DD 149 or try o have my medical record corrected first. Also should that characterization affect my naturalization?
Expert:  Allen M., Esq. replied 1 year ago.
The DD Form 149 is the option to correct the DD Form 214 and must be done at some point. You can certainly attempt to have the medical records corrected firts, but the medical record correction is probably going to have to be done through the same process....DD Form 149. If you have some other options to have the medical looked at again outside of that process, then do those first and see if you can get the med records changed. That would make the changing of the DD Form 214 much simpler. If the outside options don't work though, you'd have to use the DD Form 149 process to try and change both the medical records and then the DD Form 214 to reflect a different characterization. Finally, "should that characterization affect my naturalization?" I'm not an immigration attorney, so I can't really answer that question. What I can say is that they are permitted to consider anything legal record and a DD Form 214 is a legal record.
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.

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