Expert: Howard Lorenz - 3/6/2008

Question
My fiancé enlisted in the National Guard & is currently in basic training for 1 week already.  When he signed up he informed his recruiter that he had a 3 year pending workers comp case however the recruiter just informed him not to disclose anything in the paperwork or otherwise they would have asked for all kinds of medical records.  According to the doctor’s he supposed to be disabled over 50% which includes issues with back, asthma & mental.  He was released to work but with lifting restrictions.  Now (because we live together for 5 years), I received a Workers comp hearing court date for him to show up in court within 10 days.  He had received one like this before & they were trying to give him a certain amount but he declined as he wanted to be heard by the judge so this would be his second hearing date. I then called the recruiter to find out what to do as I know that now he is in big trouble.  The recruiter told me that my fiancé said that he wanted to abandon his workers comp case & just close it before he left.  Well he did not.  The recruiter also said that he did not know how serious of a case this was (back & asthma and mental).  My fiancé told me that the recruiter said, that if he closes the case the military will never find out about the medical records.  Well, even if he closes the case, he still has the issues with asthma and back problems as this was not a fraudulent claim. I know my FIANCE was irresponsible by not handling this issue the right way but he was just so desperate to be able to have a job again & to join the National Guard.  I know that the insurance company from his ex-employer will probably find out that he joined the military & I worry that they will sue him back now for fraudulent claim (even though it was not).  I also worry that if the military finds out they will get him for fraudulent enlistment and not disclosing all this which supposed to be a fine & prison.  My question is, if he abandons the workers comp case, will he be able to continue staying in the military without any repercussions?  Now that the recruiter knows more about the case what is he obligated to do?  He told me that he will think about it within the next few days & try to speak with my FIANCE & then get back to me.  Is a recruiter not obligated to question him about the details about the workers comp. & to make sure that he closed the case actually before he sends him to basic training?  He acted as if he did not know about the seriousness of the case. What would be the best way for him to get out of all this trouble?  Should he just act that he can not pass the basic training and request an administrative discharge so the military will never find out that he fraudulently enlisted or should he come clean, explain the truth and then after that walk away from his workers comp case & military?  If so, should he do this now or wait until he finishes basic training?

Answer
Well what a pickle!!!

The recruiter I can tell you is not going to do anything but cover is own ass. That scum bag needs to be thrown out of the military.

Your husband on the otherhand, can be in serious trouble. If the military wanted to , they can imprison him  and fine him. I have never heard of a single case as to date, but it can happen. most likely what will happen is that they will give him an erroneous enlistment and give him a bad  conduct discharge.

As for the insurance company...yes they can come back to haunt him...

What he should have done is deal with this demon that he had before getting messed up with the Army National Guard.