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If an enlistee misrepresents her medical condition what are…

Customer Question
If an enlistee misrepresents...

If an enlistee misrepresents her medical condition what are the likely consequences if the misrepresentation is discovered by her branch of the military?

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: 1 month ago.Category: Military Law
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Answered in 3 minutes by:
1/4/2018
Military Lawyer: Allen M., Esq., Lawyer replied 1 month ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,658
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.

It would depend on when this misrepresentation took place and for what purpose.

If the misrepresentation was to get into the service, then the soldier could be charged with fraudulent enlistment under the UCMJ. That can result in a court martial, but usually doesn't. More often, there is non-judicial punishment followed by an administrative separation from the service.

If the misrepresentation is to get out of the service or a deployment, then it would be considered malingering and, similarly can result in action under the UMCJ. Most likely, the result would be the same. Non-judicial punishment and an administrative separation.

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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Military Lawyer: Allen M., Esq., Lawyer replied 1 month 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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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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