Expert: MARK A. HOWELL - 8/25/2009

Question
QUESTION: On July 26th of 2007 I was medically discharged from the army for an EPTS (exsiting prior to service), I have recently started the process of trying to rejoin and was curious what your advice would be on how to go about getting back in if I can and if not what I should do for I feel I was wrongfully discharged.  

In the process of trying to get back in I filed for my medical discharge papers to see what my exact medical term for discharge was so I could go to a local Dr and have them give a second oppion. In my military records it said I have talapis cavis, a congenital foot deformity do to a high arch. Now never in the past has a Dr. Ever told me I had a foot problem even after a minor surgery I had done on my foot to remove a bone spur. I was also surprised by the diagnosis because I know that's something the Dr at the entrance exam looked for and at no time did he say I had a problem either, which I would think he would have and just dq'ed me right then and there. Now since getting my records I have gone to a foot specialest and he said I don't not have talapis cavis and my feet are perfectly fine.

My question is, is if the Dr. At my entrance exam looked for something like and said it was ok and the orthopedic Dr said my feet were fine, how can I be discharged for something like that if the only person who said I had a problem was the one writing me off for discharge and is this something I should be trying to fight leagelly?

ANSWER: Kris,
It's a little too late to fight the decision now.  You could probably have successfully fought it at the time, when you had free Army legal aid, but not now that you're out.  Your best bet now is to have your doctor put in writing that you do not have a problem.  Take that to your Army recruiter and explain everything to him.  He'll want to see a copy of your DD214 Form in your discharge paperwork because the codes in blocks 26 and 27 will tell him a lot.

You probably still have a chance to re-join.
Thanks for wanting to continue serving.
Colonel H


---------- FOLLOW-UP ----------

QUESTION: Ok I got a head start because I have already seen the Dr and got the exam he conducted in writting and I have been working with a recruiter to prepare the documents needed to have a med review done. Now my discharge codes were JFW RE-3, with that said and having all the documents ready and submitted what do you think my chances are of being let back in?

Answer
Kris,
Your Separation Code of JFW means exactly, " Erroneous enlistment; Medical condition disqualifying for military service, with no medical waiver approved."  In other words they're trying to say your foot problem was a pre-existing condition and you must've lied about it to get in without a waiver.  Although you know that's not the case, that just happens to be the category they lumped you into.

Your Re-Entry code of RE-3 means exactly, "Individuals who are not qualified for continued Army service, but the disqualification is waiverable.  Ineligible for enlistment unless a waiver is granted.

So I would you have an excellent chance of re-enlisting.  In the waiver package that your recruiter sends to the Surgeon General, be sure your recruiter includes the report from your foot specialist that says you don't have talapis cavis and your feet are perfectly fine.

One last catch to the process - since you are considered a "re-enlistment" and not a new recruit, you fall under a different category of quotas.  To be fair to the people already in the Army, they're given the chance to re-enlist first.  So therefore your recruiter has probably been given a very small quota for re-enlistees like you. (Usually only about 5%)  This quota usually fills up fast, so he may ask you to wait until 1 October when the new quotas for the year 2010 come out, that way you'll be first in line to request one of these limited slots.
Ask him about this.

I'd say your chances are very good.

By the way, it sounds like you have a good recruiter there who's willing to process this package for you, because he get zero $ for re-enlisting you.

Good luck and let me know sometime how it went for you.  I like to hear success stories.
Colonel H