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My son is interested in joining either the Navy or Air

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My son is interested...

My son is interested in joining either the Navy or Air Force. He is a high-functioning autistic - Asperger's Syndrome. He holds down 2 pt jobs, has a college degree in criminal justice, takes complete care of himself re daily living tasks, drives.

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

Have no idea where to start with that

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

Talking to recruiters seems likes a dead end...they pretty much flatly say no...yet what I read online indicates it is not so clear cut...there seem to be a wide variety of opinions on this

Submitted: 3 months ago.Category: Military Law
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Answered in 9 minutes by:
3/26/2018
Military Lawyer: Allen M., Esq., Lawyer replied 3 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,571
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The problem is that the recruiters are the stop-gap for these questions. Certainly, once a person is in the service, that diagnosis alone is not sufficient to have them separated. However, before a person is in the service, that diagnosis requires a waiver. So, that fits with the opinions you are reading. It is a waiverable condition to allow entry into the service.

Waivers though are not a right. I just say that to indicate that a person cannot compel a waiver or sue to obtain one. Waivers are processed as the discretion of recruiters and right now waivers are at a premium. This is because the services still have not completely recovered from the deep budget cuts from previous years, meaning there is a shortage of positions available. Furthermore, people are still flocking to the military at an all time high, causing fully qualified people that do not require a waiver to be turned away.

Those two facts together result in recruiting stations being unwilling to even process a waiver, as they don't need them. They can fill their requirements without using waivers.

So, while I completely agree that the legal answer is not absolutely "no," you will have to find a recruiter willing to process a waiver before there is any chance of entry into the service here.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. 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 3 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, have a great day and please don’t forget to rate my service.

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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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