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?

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James L. Arrasmith
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Answered

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.

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