Legal Question in Military Law in Georgia

void contract

I have been in the Army almost 2 years with chronic knee & feet pains. I am unable to perform my job properly. I am seeking a medical discharge and/or honorble discharge. I have obtained my medical records and have a 3P for lower extremities because my feet are severly flat and it also states Permenant Medical Disqualification. When I presented it to the medics they told me I shoudn't have been allowed in with a 3P. According to research I've done you have to have all 1's to join. A 2P can be waivered and a 3p or 4P cannot, although you can get a 3P or 4P while already in service. Am I correct? I have a 3P and no waiver for before I signed my contract and joined. I was not aware I didnt have a waiver until now. My recruiter said I did but he lied. I was already disqualified from joining twice but I thought MEPS got it waivered. I presented it to JAG and their is no waiver in my ''medical records'' or ''in my contract'' like suppose to. JAG didn't help me much. Do I have a case? Is my contract void, fradulant or erroneous? How can I get out of the Army if it is and what are the procedures?


Asked on 12/21/07, 10:59 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: void contract

Generally speaking, a person is considered fit for duty unless a medical waiver has been given. If a person's condition has been exacerbated due to military service, they may be entitled to military medical discharge/retirement.

I handle cases like these. Feel free to contact my office to set up an initial consultation, free of charge, to discuss your situation. If we set up an appointment, I'd be happy to initiate the call in order to save you in long-distance charges.

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Answered on 12/22/07, 8:31 am
John K. Harris Attorney at Law

Re: void contract

You should contact a lawyer to help you with submitting your discharge or separation request. Feel free to contact me if you need help.

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Answered on 12/21/07, 11:12 pm


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