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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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If I have failed a PT test due to the run, I ended up

Customer Question

If I have failed a PT test due to the run, I ended up failing my second PT test due to pretty bad breathing problems. I have been to an allergist, after being referred from my BN Physician's Assistant, and they basically said that I am pretty allergic to every grass and tree found in the state where I am stationed. I have two questions, essentially. Can I somehow fight to stay in on the grounds that my allergies affect my performance? Because I haven't ever had problems like this with running until I moved here. And secondly, assuming I am getting discharged for PT failure, is it possible to get an honorable? I have ZERO Article 15's and from what I read, General discharges for PT failure is meant for if you have been a less than perfect soldier but still not bad enough for OTH.
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months 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.

You can absolutely state that your medical issues are causing you to have a problem with that run. Now, that being said, command will ask why you have not been given a profile against the run, allowing you to take only the remaining portions of the PT test. This is usually permitted when a medical issue causes a temporary inability to pass a portion of the test. So, the question will be why your doctors didn't recommend that.

An OTH isn't even available for a PT failure and General discharge is rarely given where you have a good record. The most common discharge status for a PT failure that isn't thought to be intentional is Honorable.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 10 months ago.
During the separation process, is there going to be somewhere that it's formally decided what discharge I'll receive? And if so, is it a discussion/am I able to make my own case about my separation?
Expert:  Allen M., Esq. replied 10 months ago.

That depends on which form of discharge you are going through, notification or a discharge board hearing (over 6 years of service).

For notification process:

The separation status recommendation is going to come from the initiating commander. The next level commander will decide what the discharge status will be. If the initiating commander recommends Honorable, then it has to be honorable. The next level commander can't lower the discharge status. If the initiating commander recommends General, the next level commander can go with that or go with Honorable. You would have the ability to submit written matters in your favor to the next level commander asking to be retained or, if separated, to be given an Honorable.

For the discharge board process:

The initiating commander will still make a recommendation and then a board hearing is held. That board will make their recommendation to the next level commander. During that hearing, you'd have the chance to submit matters to the board. While the next level commander can do what they wish, they almost always follow the recommendation of the board.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. 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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