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.

Related Topics:
1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.