Legal Question in Military Law in Texas

My son is in the process of being discharged from the Army after two years of service. He has been diagnosed with BPD and is being expedited out. They told him they would do an administrative discharge chapter 5-17 honorable. Now that the paperwork is being processed they are telling him it will be general other than honorable. He has never had any disciplinary actions and has even earned awards during his service. Should he fight for the change in discharge before it happens? Should he hire a lawyer? Please advise. Thank you.


Asked on 6/04/12, 9:05 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

If he has been diagnosed as being bipolar, he should NOT be given an administrative dicharge - he should receive a medical discharge and disability. He needs to be medically evaluated and given a medical discharge. You absolutely should consult with an attorney because your son is being deprived of medical and veterans benefits as well as a likely medical retirement. Make sure that he does not sign or accept anything until you have an attorney review everything. What they are trying to do a WRONG.

If you have further questions, please feel free to contact me directly at [email protected] or (757) 420-9321

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Answered on 6/04/12, 12:03 pm


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