Legal Question in Military Law in Montana

getting out of basic training
My son started basic training on Jan 7, 2009. He entered the military after being told by the entry medical staff that he cleared his physical. We were shocked to know he passed. He was diagnosed with brady cardia of the heart by a cardioligist, he has bad eye sight, a bad knee and asthma. we were told by the recruiters not to bring in his medical records that they will find it out in basic if he has a problem. I have spoken to my son and he does not feel good and says he can't physically handle what he has to do. He is affraid to contact anyone about all his conditions in fear he will be retaliated against and blamed for not telling them in the entry process. What can we do to get him home right away and discharged from the military without retaliation against him. His health and well being are important and no one seems to want to help. Please help us know what to do to get him home for his health and well being. Thank you so much for your time

Asked on 1/17/09, 6:27 pm

Philip D. Cave Military Law & Justice

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Re: getting out of basic training

Sadly this is all too common.

I've represented both sides of this problem: the recruit and the recruiter.

Under the UCMJ your son has possibly committed a "fraudulent enlistement" in violation of Article 88, UCMJ.

However, this is something that can be dealt with.

I think the issue is his health. Deal with his health.

Please remember this is a public website.

Sincerely, www.court-martial.com

Answered on 1/17/09, 7:53 pm

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