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My daughter is currently in SEPS. She told me today that her

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Hi My daughter is currently in...
Hi
My daughter is currently in SEPS. She told me today that her discharge is general for erroneaous enlistment due to a medical issues discovered when in boot camp. She lasted 2 weeks before separation.
She states that she can reenlist which she may do. This will require a waiver.
How will this affect her in civil***** *****fe??
Also I thought everyone in boot camp received an entry level separation. This does not sound like that is what it is.
Should she appeal the general discharge and if so what is the process like and how likely will it be overturned.
Thank you.
Any information is appreciated.
Sharon
Submitted: 1 year ago.Category: Military Law
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Answered in 16 minutes by:
7/29/2016
Military Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Military Law
Satisfied Customers: 4,311
Experience: 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

A discharge under the conditions that you describe are NOT negative. The discharge is treated as HONORABLE under the policies of the military. Specifically the military states in regard to ERRONEOUS enlistments the following:

"Soldiers separated under this paragraph will be awarded an honorable character of service or order of release from
custody and control of the Army unless an uncharacterized description of service is required." (See paragraph 7-15, AR 635-200)

This should have no negative effect on her civil***** *****fe.

Here is a link to the regulation:

http://www.armystudyguide.com/content/publications/army_regulations/ar-635200.shtml

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 year ago
First off my daughter was in the Navy not the Army.She is being given a discharge of general which differs from an honerable discharge.
Is a general discharge in boot camp equivalent to an ELS which I understand is an uncharacterized discharge.
In addition you did not seem to answer my specific questions.
I was looking for answers to my specific questions.
Military Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello:

Thank you for clarifying your daughter's situation and giving me the opportunity to expand.

Under the Naby Regulations a General Discharge is a form of administrative discharge. It is NOTdishonorable. It will NOTeffect her civillian lofe and is not viewed in any way as punitive or disciplinary.

It is issued when an individual fails to meet all expectations of conduct for military members, but otherwise is a satisfactory member.

While she can dispute this there is little reason for her to do so because she is not precluded from re-enlisting whe the medical situation resolves itself. It is unlikely that the Navy will overturn the decision because it is based on medical not performance reasons.

This link describes the appeal process for administrative separations:

http://www.jag.navy.mil/legal_services/legal_services_faqDEFENSE.htm

I hope this clarifies your question. I am sorry for any confusion created by my misunderstanding or mis reading your origina question.

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Military Lawyer: Gerald, Esq, Lawyer replied 1 year ago

If the Navy is not convening a searation Board then the matter is purely administrative and she has no need to appeal, unless she is seeking to stay in. But again if the issue is medical there is little likelihood that the Nacy will alter their course.

Take a look at this recent policy announcement from the Navy, where the Navy is promoting health separations. This is so even in the case of a mixed case of health and conduct. Granted the announcement pertains to mental health issues, but the point is the same.

Kind regards,

Gerald

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Customer reply replied 1 year ago
is a general discharge the same as an entry level discharge?Why would she not be given an ELS. She had no conduct or disciplinary issuesWhat she would want disputed is the general discharge. She was only is boot camp 2 weeks when they sent her to Ship 5It does not seem like you can help me as these answers can be found on the Internet.
Customer reply replied 1 year ago
How is a medical issue a failure to meet expectations when she was only there 2 weeks ??
Customer reply replied 1 year ago
If you are unable to provide me concrete informations and answers about what I am specifically asking for I would prefer that my questions are "opted out "Thank you
Military Lawyer: Gerald, Esq, Lawyer replied 1 year ago

I'm sorry that we got off on the wrong foot. While I did work for the defense deartment for a number of years, I see that I am not able to meet your expectations. I will opt out so that another expert may be able to assist you in your question.

Please do not rate me so that your question will remain open for other experts to respond.

Thank you for the opportunity to work with you.

Good luck.

Kind regards,

Gerald

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Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,286
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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.

different expert here..are you still looking for an answer?

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Customer reply replied 1 year ago
I am looking for a different expert to answer my specific questions. Thank you
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Thanks
I have some thoughts and will type them up. Also, if you want to talk on the phone I will send that offer (its available for a nominal charge - $5).

Just a moment please...

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

Thanks for your patience

I agree with you, a "general" discharge is NOT the same as an ELS (entry level separation)

The law gives the military (Army, Navy, Air Force) the discretion to decide what type to provide based onthe circumstances

what you are describing, it seems the Navy believes she lied or failed to disclose information at enlistment...this is why they are giving the general discharge vice the ELS.

Can she "dispute" this?

She can...but her options are limited...she is permitted to submit matter in writing to the separation authority...if she feels that they are wrong (that she did not lie to get in)? She can make her case in writing

How will this impact her outside the military? Frankly, it will likely have no impact. A "general" discharge is considered a "good" discharge (since it is given under honorable conditions). The fact it says she lied to get in is not good...but in my experience this is not something prospective employers will focus on.

Can she appeal?

Again, her options to appeal are limited...she can make a written appeal if she believes that the Navy got this wrong.

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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Customer reply replied 1 year ago
Well from what I have researched if they felt she lied then wouldn't they give her a fraudulent enlistment which specifically states that you lied to get in. This was not the case as she was told she had slight asthma and mild scoliosis which were never diagnosed and not discovered at MEPS. It was discovered on exam and X-ray at boot camp.She states she was told she can reenlist.
She will need a waiver.Also she is planning to enroll in nursing school. They do backround checks. Will this prevent her from becoming RN. I ask this because I am an NP and have had backround checks for every job and advanced training I have done. I don't want this to hinder her career choice.Also how probable would it be for her to reenlist if she chooses too??Will she likely be disqualified.
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

It is not probable she can reenlist. In fact it is unlikely.

The largest problem you face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver. She would not be able to get a waiver based on what you have described

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 she will be able to reenlist 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

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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