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I was recently discharged with entry level separation,

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I was recently discharged...

I was recently discharged with entry level separation, fraudulent enlistment from the Air Force because of a history of self harm and unstable mental illness. I exaggerated because I wanted to get home for personal reasons and made a huge mistake. Would there be any way I could reenlist?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No.

Submitted: 8 months ago.Category: Military Law
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Answered in 4 minutes by:
12/13/2017
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,632
Experience: Lawyer and current JAG officer.
Verified

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.

As it stands right now, based on your own testimony, you would not be eligible to reenlisted based on the prior history of self-harm and mental illness. Now, you state that you exaggerated those facts and that if the actual facts were known, you'd perhaps be able to get in.

Here's the problem. For you to correct the record, you'd have to go back on the record and admit to exaggerating before...that is an admission of making a false official statement. That would result in your being disqualified for reenlistment too. In fact, it could result in worse that the Entry Level Separation. It could result in being brought back on active duty to face a court martial.

Regrettably, you've painted yourself into a corner here. The only way to correct the record is to admit to a crime, which doesn't help you and may make matters worse.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

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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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