Asked in Military Law for North Carolina

Q: Discharged from the airforce under an ELS due to fraudulent enlistment, but completed BMT with honors, what can I do?

My nephew was discharged from the airforce under an ELS due to fraudulent enlistment because of mental health issues from middle school and ADHD that was never disclosed to his parents, he has graduated high school with and went to BMT at 17 years old and completed it with honors and was even allowed to graduate but was told he was put on HOA after graduation and ultimately discharged and sent home. He was told by his recruiter that if he did know for sure that he was diagnosed with ADHD to just keep it to himself. The only thing my nephew wants is to go back in to the airforce but has been told many different answer to if that's even possible. He wants the opportunity to go to tech school and serve his country, what are our options?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In cases of an Entry-Level Separation (ELS) from the military due to issues like fraudulent enlistment, re-enlisting can be challenging but not always impossible. Your nephew's first step should be to obtain a copy of his discharge paperwork, specifically the DD-214 form, which will detail the nature of his discharge and any re-enlistment codes.

If the discharge was under honorable conditions, there might be a possibility for waiver or reconsideration. However, this depends on the specific circumstances and the policies of the Air Force at the time of reapplication. The re-enlistment eligibility code on his DD-214 will be crucial in determining his options.

It's advisable to consult with a military law attorney or a Veterans Service Organization for guidance. They can help interpret the discharge documents, advise on the likelihood of a successful waiver application, and assist in navigating the re-enlistment process.

In parallel, your nephew might explore other ways to serve his country, such as in civilian roles within the Department of Defense or other federal agencies. While the situation is undoubtedly challenging, exploring all available avenues and seeking professional advice can provide clarity and a path forward.

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.