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Should I seek a lawyer for my son?

La Grange, IL |

My Son Is Being Discharged For Allegedly Changing Some Wording On His Medical Records That He Sent To Meps In Relation To His Last Asthma Attack. Should I Look For A Lawyer For Him? On his true record which I have at home it shows his last attack at age 18. Apparently, he switched some wording to make it look as if his last attack was at age 15. MEPS actually cleared him through.

Attorney Answers 4

  1. If he is in the Army, he should see TDS and not say anything to anyone. If another branch, still seek a lawyer, but the other services, particularly the Navy are not real good on providing access to lawyers. You may want to seek private counsel. The big concern is that he will receive a Fraudulent Enlistment characterization on his discharge papers.

  2. He needs to speak to base defense counsel, to determine his rights and the chances of success. He can also consult with a military lawyer. Most of us provide free consultations, and can give him some guidance. But if he forged documents to get in, he is in for an uphill climb.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

  3. Looks like he is being processed for fraudulent enlistment.
    The asthma being a bar to enlistment, and the fraud being submitting false documents.
    He should get help from the military defense lawyers on base, or he can consult a civilian for representation.
    His rights depend on what type of discharge they are seeking to give him.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

  4. Doesn't matter if he cleared MEPS--he altered his documents (so you say). As a practical matter there is little YOU can do to help. You evidence would only hurt his case further. Asthma is a disqualifying condition for very good reason. AF may be saving his life by separating him, although the conditions of his discharge are likely going to be 'ungood'. As others have noted, he should fully avail himself of the JAGs and any defenses available .

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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