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My son went to basic and had his hearing tested, which

Customer Question
My son went to...

My son went to basic and had his hearing tested, which showed a hearing loss in the 45db, 3000hz range. they are separating him, but saying he enlisted fraudently because of the hearing loss. is there any way to fight this since we did not know about the hearing loss prior to the testing?

Lawyer's Assistant: Have you talked to a JAG attorney about this? Or anyone in the chain of command?

He is in great lakes, il. I have advised him to talk to JAG, but do not know anything since he has limited contact with us.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really, just want to know what we can do so he will not be permanently DQ'd from service.

Submitted: 11 months ago.Category: Military Law
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Answered in 7 minutes by:
8/3/2017
Military Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Military Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. Under article 83 of the uniform code of military Justice, it says that any person who enlist in the armed forces by knowingly false representation or concealment of their qualifications shall be punished by a court-martial. The one thing that you need to understand here is that the term knowingly is going to be your son’s saving grace. to do something annoyingly, a person has to form the intent in your mind that they are going to intentionally defraud the US Military. If the military cannot prove that he knew about this, then a court-martial cannot be issued. The idea here is that your son should raise the defense that he did not knowingly believe that his hearing would get him disqualified. He could suggest that in his lifetime he's been able to communicate well in that all of his previous tests would not suggest that he would not be fit for military service. You can also have him argue that any previous tests that he has taken maybe we're not subject to the same rigorous standards of the US Military. Therefore, there is no way that he knowingly could have defrauded the US military of He was unaware of the standard that the military had.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Military Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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