Legal Question in Military Law in Arizona

chapter 15 discharge

if you lie about being gay in the army and get discharged for it how can you fix the problem and reenlist?


Asked on 11/29/07, 1:29 am

3 Answers from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: chapter 15 discharge

You probably cannot fix the problem. How do you now prove that you are NOT gay, when the evidence you provided earlier convinced your command that you ARE gay. There are always consequences to our decisions. That goes for good and bad decisions. Now you are saying that you were a liar when you sought your homosexual discharge. That is a hard problem to fix. The Army places a high value on integrity. I do not believe you will be able to convince them to reenlist you.

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Answered on 11/29/07, 7:47 am
James Matthew Branum James M. Branum, Attorney at Law

Re: chapter 15 discharge

I agree with the other attorneys. Reenlistment is almost impossible under these circumstances.

But if you could find a recruiter who could scheneagle a way for you to reenlist, remember that you will be stuck with taking a crappy MOS. I wouldn't suggest even trying to get back into the Army.

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Answered on 12/12/07, 3:54 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: chapter 15 discharge

Just like the Army does not want homosexuals in the service (because of issues with the integrity of the blood bank), the Army does not want liars either. It needs to be able to count on the honesty of its members.

If the military ever drops the ban completely on homesexuality, then you could potentially re-enlist. Until then, I suspect that proving that you lied makes you as undesirable as did the homosexuality.

I would give you almost no chance of getting re-enlisted given the current situation.

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Answered on 11/29/07, 10:33 am


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