Defective Enlistment seperation

[Cycoticpenguin]

Milpersman 1910-132

seperation under :

"The member reasonably relied upon a material misrepresentation by recruiting personell and was induced to enlist by a commitment for which member was not qualified"

I am not medically qualified, even though meps told me I was. Can I raise this b/s flag, or does it apply to something else?

[Gamecock]

Sounds like you might actually be in a situation to contact Navy Legal.  It sounds like somebody out there is looking to pin this whole medical issue on you as an enlistment under false pretenses.  If that really isn't the case and you didn't falsify information to get in, you might want some legal backing to make sure you don't get screwed in this process.  Now that I think about it, Navy Legal might not be the best choice, since they are contract bound to represent the interests of the Navy, which might not always align with your interests.  Good luck.

And you are also wrong in regards to Navy Legal.  Your counsel is duty bound to provide you with the best representation possible.

[Preciousblue1965]

Yea, anyone got an 11 foot pole?  Don't think 10 Feet is gonna do it.

[Preciousblue1965]

Yes it is the irony of the Nuclear Navy.  Those that actually want to stay in, Can't.  Those that really want to get out, Can't. 

CP hope that things work out the best possible for you.  Alas, chalk this up to one of those character building evolutions that is out of your control.

[RDTroja]

Experience is what you get when you don't get what you are after. Or as John Lennon put it:

"Life is what happens to you while you are busy making other plans."

Good luck with your plans.

[itsaparent]

Milpersman 1910-132

separation under :

"The member reasonably relied upon a material misrepresentation by recruiting personell and was induced to enlist by a commitment for which member was not qualified"

I am not medically qualified, even though meps told me I was. Can I raise this b/s flag, or does it apply to something else?

Am I reading this wrong?  It says 'material misrepresentation by RECRUITING personell'...to me this means they are saying the recruiter made the material misrepresentation and is culpable, not CP.
And if this is correct, why would there be a need for legal counsel?  Just wondering.

[Cycoticpenguin]

OK, everyone. heres the deal. THIS seperation DOES apply to me. I can get out whenever I want, I DONT have to take a waiver, I DONT have to take another job. there is NO legal recourse the navy can take against me, this is basically an inverse of a fraudulent enlistment. The only "bad thing" about this seperation is that its voluntary, meaning I wont get a severence package.   

Withroaj was actually spot on. Legal was absolutely useless, and thank god for my career counselor. Legal was trying to tell me I would have to pay back my enlistment bonus, change my rating, and get a new job . Besides the obvious flaws in that , they were very rude -.-   

Anywho, So here's what I've decided.  Pending the status of my waivers/tld request I will elect to stay in if everything is favorable. I WILL NOT sit around to be a berthing troll for a couple years like the guy before me did. Its not fair, and its not right, I didnt go to school for 2 years to be a berthing petty officer.   

itsaparent --> MEPS is considered "recruiting personell", so the doctor there made it "look" like I was medically qualified without dealing with the hassle of the extra paperwork.

[JustinHEMI05]

OK, everyone. heres the deal. THIS seperation DOES apply to me. I can get out whenever I want, I DONT have to take a waiver, I DONT have to take another job. there is NO legal recourse the navy can take against me, this is basically an inverse of a fraudulent enlistment. The only "bad thing" about this seperation is that its voluntary, meaning I wont get a severence package.   

Withroaj was actually spot on. Legal was absolutely useless, and thank god for my career counselor. Legal was trying to tell me I would have to pay back my enlistment bonus, change my rating, and get a new job . Besides the obvious flaws in that , they were very rude -.-   

Anywho, So here's what I've decided.  Pending the status of my waivers/tld request I will elect to stay in if everything is favorable. I WILL NOT sit around to be a berthing troll for a couple years like the guy before me did. Its not fair, and its not right, I didnt go to school for 2 years to be a berthing petty officer.   

itsaparent --> MEPS is considered "recruiting personell", so the doctor there made it "look" like I was medically qualified without dealing with the hassle of the extra paperwork.

Good luck man! I hope the waivers come through for you!

Justin

P.S. I am curious if this situation has changed your outlook on things. e.g. if your waivers come through, would you still plan on re-enlisting?

[Preciousblue1965]

Well CyPeng, just make DARN sure that your paperwork says "Honorable" discharge.  I don't know how much truth there is to the matter(and I think it has been stated several times on this site) but a buddy of mine got out around 5 years in because he basically couldn't take the BS of being a staff instructor at Protohell, started having problems sleeping, Medical jerked him around, and he finally checked himself into a mental facility.  They discharged him with General under honorable conditions or something like that he he couldn't get any of his GI bill or anything like that.  Full Disclosure:  I am not 100% sure about the above statement, could be just some scuttlebutt, but I figure it was better safe and slightly wrong then to be sorry and 100% right. 

So in summary, make sure they give you the Honorable type or I think Medical discharges don't affect your GI bill.

[Smooth Operator]

Based on what I have read, I suggest you get out and go to college.

Combining your age + successfully completing the Navy pipeline + a degree and you will be golden.

[DunnJH4]

Hey Penguin man,
  I didn't read through the whole post, but I JUST went through the same thing, kind of. I was on medical hold for an intestinal disease and ulcers, they sent me to NRMD and was just waiting and waiting on LimDu.  My doc said I was definately getting retired, but then a second doctor said I was fine to go to sea, so it was a big ordeal, had to go to a formal hearing in DC and now I am getting medically retired at 30% (TDRL). If I had made too big a stink of things my COC would have done me like other guys before me and not helped me one bit to avoid an Admin seperation, but with the RHO's help, and a few other guys I was able to get past that and get a medical discharge. Now I am job hunting, and even without a degree I have gotten MANY offers after 7 interviews, and ALL seem pretty good. I just have to pick the best job for my wife and I.

[Cycoticpenguin]

Good luck man! I hope the waivers come through for you!

Justin

P.S. I am curious if this situation has changed your outlook on things. e.g. if your waivers come through, would you still plan on re-enlisting?

WELL... I wont get waivers for "6 months to a year" from last week. If they dont go through I would have to wait "6 months to a year" for a medical board. I feel kind of wronged by the navy, so I dont think I want to reenlist any more. this is pending I dont get out under this seperation business.

I am actually having a hard time with this stuff, its not as glamorous for me as it seems. Its REALLY hard to complain about my job, when I sit in berthing and play video games all day, but its not what  I want. I WANT to help out, I WANT to man the watchbill, I WANT to do maintenance. Most people dont understand that, and it sucks So I guess, in the long run, I kind of want to get out now, but as I told honeycomb, I kind of feel like a draft dodger doing it!

Dunn -> I wont get a med discharge, but (for precious blue) i WILL get an honorable discharge (not honorable conditions). SO I will get full benefits and stuff, not worried about that. Plus it helps that my CoC like me    Dunn, can you pm me about job opportunities, I feel like im limiting my self with what i want.

thanks guys, I appreciate the time and concern of your posts
-jordan

[Fermi2]

Don't buy the myth of medical retirement. There's no such thing.

Mike

[rlbinc]

They discharge people with medical conditions?
Whatever happened to sudafed?
I don't care if we broke our neck, the foreign medical graduate doctors gave us sudafed and put us back to work. Traction and all.
circa 1977, Iron nukes, wooden reactors - and we had to pull rods by hand.

[Preciousblue1965]

They discharge people with medical conditions?
circa 1977, Iron nukes, wooden reactors - and we had to pull rods by hand.

Yea an I bet you had to fight off wild zoomies with your slide rule and a loose-leaf notebook too.
 

[rlbinc]

... along with routine beatings until morale improved...

[Gamecock]

They discharge people with medical conditions?
Whatever happened to sudafed?
I don't care if we broke our neck, the foreign medical graduate doctors gave us sudafed and put us back to work. Traction and all.
circa 1977, Iron nukes, wooden reactors - and we had to pull rods by hand.

In the 90's we changed over to Motrin as the "miracle" cure-all.  But, the medical community has become much more involved in de-screening folks.  I myself was medically DQ'd from subs as a JO for a very stupid reason (but was perfectly fine for Surface nuclear power ).

[Cycoticpenguin]

Yup, what he said,...
Stop playing video games and take some courses, get some certs, anything but pokemon and mario kart (et al),...

Tell you what... You come knuckle bust my chain of command to approve Tuition Assistance (they are adamantly refusing), and I will be glad to take the classes at the college im already enrolled in.

That or you can pay for my tuition

[PapaBear765]

Yup, what he said,...
Stop playing video games and take some courses, get some certs, anything but pokemon and mario kart (et al),...

Someone who has something against Mario Kart is not a man that I'd listen to.

[Gamecock]

Tell you what... You come knuckle bust my chain of command to approve Tuition Assistance (they are adamantly refusing), and I will be glad to take the classes at the college im already enrolled in.

That or you can pay for my tuition

Ummm.....route the chit.  The only person that can disapprove a special request is the CO.  TA isn't something that should be disapproved without a valid reason....like being dink.

[Roll Tide]

And you are also wrong in regards to Navy Legal.  Your counsel is duty bound to provide you with the best representation possible.

With all due respect to officers, Navy legal advice comes form lawyers. While I have met good lawyers in the civillian world, I have always had an overwhelming urge to go wash my hands after contact with JAG. Their first priority is always self; some may place your best interests over the needs of the Navy, but I wouldn't bet my life on it.

[Cycoticpenguin]

With all due respect to officers, Navy legal advice comes form lawyers. While I have met good lawyers in the civillian world, I have always had an overwhelming urge to go wash my hands after contact with JAG. Their first priority is always self; some may place your best interests over the needs of the Navy, but I wouldn't bet my life on it.

I wish I spoke to a JAG, however, I spoke to some crappy LN's who were more concerned with what was for lunch and whether or not deglam day was this coming friday. I was seriously let down with their work ethic and attitude towards me.


this said, I have elected to stay in, my RHO has taken really good care of me, and he is routing a "temp waiver" as we speak. (allows full duty as a nuke, meaning I will get my freaking TLD ).