Legal Question in Military Law in South Carolina

Chapter 11 Question

I am Active Duty Army in AIT, I haven't graduated yet, I actually haven't even passed my APFT yet. My class graduates in a few days, and they're saying that our next PT test is in 3 weeks, I already know it's impossible for me to graduate with my class. If I don't pass this next APFT, I'm almost positive I will be Chapter 11 out. My question is....can I come back in 6 months as National Guard with a different MOS, and do the College First Program? I had spoken to a recuiter about it and he told me I needed to get a waiver, but isn't everything in the military waiverable??


Asked on 1/13/09, 11:01 am

1 Answer from Attorneys

Scot Sikes Law Offices of Scot Sikes

Re: Chapter 11 Question

The answer to your question is your ability to come back will depend upon the rules in place at the time you seek to come back. Those rules change all the time. Understand, however, that "everything" in the military is NOT waiverable.

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Answered on 1/17/09, 8:45 am


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