If I was discharged from the military under an OTH/general discharge due to fraudulent enlistment, would this cause issues trying to get a medical license later or prevent me from getting a medical license as a physician? Would I need to report it?
Most licensing bodies ask questions of "moral terpitude", meaning has there ever been an issue of integrity. Fraudulent enlistment likely qualifies. My colleague has explained there is distinction between a general and an OTH discharge. I would be more concerned that the underlying conduct for "fraudulent enlistment" could create issues for licensure than the nature of the discharge, but even still the characterization of your service could be a problem. I envision a secondary question asking have you ever been fired, relieved, removed from an employment position for any reason. The answer to this question would be "yes". Usually for any "yes" responses, there is a block where you have to explain each "yes" answer. The licensing applications should be available to the public. Obtain one and find out. You are required to truthfully answer all questions and failing to do so can subject you to serious consequences including losing any license you obtain. I am aware of persons obtaining licenses even after admitting to some previous wrongdoing but seldom can a person keep a license after lying on an application for licensing.
There is no such thing as an OTH/General. There is an OTH and there is a general. Very different things. In my experience an OTH may well lead to such a denial, while a general would not, but that is up to the individual licensing authority in that state. And if asked, you need to report it.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
I assume you received an Discharge Under Other Than Honorable Conditions (OTH) as opposed to a General Discharge Under Honorable Conditions. The issue of licensure depends on your state licensing board. It could also depend on the underlying conditions. The nature of the fraudulent enlistment could be dispositive. For example, concealing drug use, Neo-Nazi sympathies, or prior convictions during the enlistment process are considered "fraudulent enlistment." You also have the issue of a DD 214. On your DD 214 it will list the re-entry code, which in this case I assume is an RE-4, which means "never let this guy back in under any circumstances." The narrative line will have "Fraudulent Enlistment" and may list other basis's as well. You need to look at the DD 214 and contact your state licensing authority to find out whether this is a waivable or non-waivable issue. You might also want to consult with an medical ethics attorney, the type of attorney who represents doctors at disciplinary boards, and get his advice.
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