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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 117438
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a retired USAF officer. Late last year my son attended

Customer Question

I am a retired USAF officer. Late last year my son attended USAF basic training. As a dependent he had eczema after 13 years of age, he was 21 at basic and hadn't had any symptoms for several years. Medical staff at basic found evidence of the eczema in his archival medical records and they involuntarily discharged him with a 2C JDA rating since he didn't indicate the eczema on his initial paperwork.
Within months of his discharge, the USAF has now changed the policy on eczema and are processing waivers for it, effective 1 Feb 17. He would like to attempt to continue with college and join AFROTC, does his discharge rating automatically stop him? Due to the change in USAF policy would we have a could reason to get his discharge rating changed?
Submitted: 4 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He needs to apply to have the discharge rating changed through the Air Force Discharge Review Board based on not just the policy change but he can argue that he had it at such a young age, 13, that he did not recall it and did not realize it was eczema and did not think to mention it. Such "forgetting" is a sign of youth, especially a 13 year old who may forget such things by the time they are 21 as they are not important. So he needs to argue it was not an intentional failure to disclose, which would warrant such a discharge rating, but an oversight based on his age at the time he had any symptoms.
If he does not get the discharge rating changed, it would be grounds for the Air Force to deny admission to their ROTC program.
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