Port Huron, MI asked in Gov & Administrative Law and Military Law for Michigan

Q: My son was misled by his recruiter, who withheld information on his application.

I know that he is 21 and signed the app himself, however his recruiter withheld special education info, a learning disability, and mental and physical conditions and told my son that the army will never find out. I believe the recruiter took advantage of my son's inability to understand the ramifications of his action. He is now in a psych hospital. Can he get a medical discharge, and compensation for his trauma?

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: There's a whole lot to unpack there. Since it sounds like your son is still in the Army, he will need to proceed through his chain of command and JAG about what his options are. A medical discharge - any discharge - is a process that won't happen overnight, and in cases alleging prior conditions and recruiter impropriety, there will be an investigation as to how he made it in the Army - that may have started with his recruiter, but certainly didn't end there as a bunch of other officials signed off on his packet saying he was good-to-go, even before he shipped to basic training. And then at basic, a bunch of other people let him through.

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