Legal Question in Military Law in Texas

Entry level separation

My son join the air force on june 5,2007. He started his training within one week he was in the medical ward due to flat feet and achillies tendon and on cruthes. He had this preexisting problems since he was a little boy he has gone to the doctor here in town took physical therapy. He has never done strenous exercise till now and he is in terrible pain and wants out. But they wont give him a medical release and let him go home. He will have this problem i guess for the rest of his life now we figured. why did they let him join you can see it clearly on his feet. Help we could use any info asap. we turned in his doctor papers. he said his leg is bowed legged.He is not the same physically or emotionally. they told his to suck it up and quit crying like a baby. please help.ty god bless you. AND TO TOP IT OFF THE RECRUITER AND THE PERSON THAT TOOK THE PHYSICAL KNEW ABOUT HIS CONDITION.


Asked on 7/02/07, 2:23 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Entry level separation

The military will handle this in the way they feel best. There is very little a parent can do. In fact, if the issue of it being a pre-existing condition were to come up, the military might conclude he wasn't honest during his physical and proceed against him for fraudulent enlistment. The chance of that happening is pretty small, but it is a concern.

As a parent you want to fix everything for your children, but this is likely a problem you can't fix, and you likely can't even help fix it. This is because your son is old enough to make decisions for himself, and he made the decision to join the military and now he has to live under those rules.

As a general rule if a servicemember is not able to perform physical training and cannot be rehabilitated by surgery or medical means, he will be sent home with a medical discharge, but likley no veteran's benefits (you need to be in at least 180 days to get those). So, in the short run, they will try to medically rehab him. If they can't, somewhere around the 170th day they'll decide to cut him lose.

Please tell your son that he must remain under military control and that AWOL will only make a bad situation worse. These things generally work out, but it is quite common for the military to force a servicemember to "suck it up." I had a similar experience in the Army, and it changed my life. I asked to get out, the Captain said no, and I went on to win two Army Commendation Medals. Give your son time and let the military work with him. What seems like a hopeless situation now may turn around. Sometimes good things happen.

Good luck,

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Answered on 7/02/07, 9:45 am


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