Expert: Cynthia Bedell - 2/8/2008

Question
I am getting discharged for misconduct. I received an article 15 and reduced 1 pay grade and 1/2 months pay for two months but it was suspended. I will be 45 days short of 6 years total service. I did 3 1/2 years active duty 86-90 and was honorably discharged. After 15 years at the same job a friend at work lost his son in Iraq and I was the one who advised this kid to enlist. After the loss of my friends son I went and found a guard recruiter so I could find a way to re-enlist and deploy. I found out that I could re-enlist but being an 11B the state of missouri they didn't have a job for me since they had no 11B's. I spent the following year volunteering anywhere and everywhere through my chain of command and through GKO. Finally I made the fatal mistake of padding my resume' I altered my 2-1 and my DD214 to show I had schooling that I didn't have and bingo I was picked up and deployed in a couple months. I spent a year in Afghanistan and was injured and med-evaced and while I was state said my unit I deployed found out my dirty secret and the unit at the hospital I am at is discharging me with the recommendation of my unit I deployed with. I have a perfect record including commendations and letters of recommendation from my squad leader I deployed with. I want to get back in and be a part of the team again any possibility? I am being told I will be getting a general discharge under honorable conditions. RE code not known yet I imagine a 3. I have several letters stating my character is moral and honest.

Answer
Dear Joseph --

Fight your discharge now, don't wait to get out and then try to get back in.

I do not know what rank you were at when you committed your misconduct.  If you were a sergeant or higher, they will go harder on you because you should (and did) know better.  If you were a corporal or lower, you should be able to get before an officer and fight your discharge.  

Visit a judge advocate general officer immediately, and discuss your situation.  Did you get JAG advice before you accepted your Article 15?  Were you on pain medication when they served you your Article 15?  You may be able to get that thrown out, if you were not afforded all of your rights.  You should also have legal advice before they can separate you on a misconduct discharge.  Further, try to fight the general discharge.  You want an honorable discharge.  

Are you fully recovered?  Is this misconduct charge being used to get you out without having to pay you medical separation pay, or award you a medical retirement?  Please see a JAG officer as soon as you can.  Take all your paperwork with you: enlistment contract, prior DD 214, Article 15, medical records, and anything else such as letters or statements made about their intent to separate you.

I wish you the best of luck.  Please write back, if you have additional information.