Legal Question in Military Law in Texas

Entry Level Separation

My son enlisted in the navy. He went through boot camp, training school, and graduation and also received orders to report to a ship, and is now being given an entry level separation due to an injury to his shoulder that occured two years prior to his enlistment they said was not disclosed. His recruiter, MEPS, and the personnel in boot camp all knew of this injury and told him not to disclose it as it was two years old and did not matter. All medical records showed that there was nothing wrong with the shoulder prior to his enlistment. He has now been threatened with charges and is getting kicked out of the navy. Is there anything that can be done to help this kid.


Asked on 11/02/04, 7:41 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Entry Level Separation

Your son is fortunate to be receiving an entry level separation. It is an uncharacterized end to his enlistment, without suffering prosecution for fraudulent enlistment. Recruiters regularly tell prospective recruits to conceal potentially disqualifying information. That is the fault of the recruiter. But if the Navy discovers the pre-existing condition, it has the authority to separate the individual as being not physically qualified. No one has a right to enlist or a right to continued enlistment. Your son is simply unlucky to have suffered the earlier injury. There is nothing that can be done to fight the Navy's action, other than to politely and respectfully continue to insist that he wants to serve, in hopes they will change their decision. The good news is that he will not have an adverse characterization attached to the separation (like "other than honorable").

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Answered on 11/04/04, 6:57 am


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