Fayetteville, NC asked in Military Law for North Carolina

Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

My dcounceling also says I will not receive any benefits. I was wondering if I my command team could do me like this if I have not gotten in any trouble during my 7 months in the military. The only thing I could think of for why they would be trying to give me this discharge would be because I had a preexisting condition before I joined the military that I did not let the military know about. The doctors told me I could not get out because on medical because I had to have certain test done to prove I have a condition so my commander suggested a 5-17 but because I'm having problem continuing my duty. But as far as this discharge I have not gotten into any trouble to warrant me a general discharge under this chapter if you could please help me.

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1 Lawyer Answer

Patrick Korody

Answered
  • Military Law Lawyer
  • JACKSONVILLE, FL

A: Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment you should receive a Honorable. If you fraudulently enlisted, a General discharge would likely be warranted.

You need to discuss your specific situation with a military law attorney or JAG defense counsel before you sign any separation paperwork.

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