Expert: John L - 2/4/2010

Question
QUESTION: hi, i have a question. in april of 2004 i enlisted for the military. I didnt tell them about my injured shoulder back then but i got in anyways.I did not say anything becuase i was afraid i would be charged for fraudulent enlistment. Once i arrived at my unit i eventually went to sick call and came clean. I told them about my shoulder becuase i was beginning to have a hard time doing pushups. They gave me a P2 profile. My ETS date was in 2007 and then i enlisted for the national guard. When i enlisted for the national guard i told them everything about my shoulder and they knew everything about it becuaese everything wass documented in my paperword by then. i am about to ETS in a few months,now they want me to go to the doctors and get documentation on my shoulder and start looking into it now. I am worried that im going to get a dishonourable discharge becuase i lied about my shoulder in 2004.

My question is even though i initially lied about my shoulder in 2004 could i still be charged for fraudulent enlistment even though i finised that contract and ETSed under honorable conditions? becuase when i got out of the army i switched over to National Guard  and they were fully aware of my condition i get out in a few month and im worried they might pull somethin on me.

also how long does it take to be on the medical board? i think thats where they want me . but im getting out in a few months.

thanks so much.

ANSWER: You can't get discharged for it now.  But since you divulged it, you can't get in any trouble from before.

Are you having issues now?  If you are, that is why they want to check it out, so you can't say it is service related.

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

QUESTION: thanks for the fast response. i do have follow up questions though. ive been told i could be charged for fraudulent enlistment and get a dishonarable discharge. My ets date is in a  couple of months. I am worried that they can pinn me on fraudulent enlistment when i originally enlisted in 2004.I just went to the orthopedist and got an MRI and xray im supposed to fax them all the documentation becuase im nondeployable right now because of it, at this point they just want documentation and a diagnosis and prognosis. I just want to get all my ducks in the row just in case the worst happens. i just have a couple of questions hopefully you can anwer.

when i got to my unit after all my training thats when i went to the medics and told them about my shoulder and thats when i got my P2 profile for pushups. that was late 2005. Ive been doing some research, and ive read that theres a thing called statue of limitations and that is five years. Since i commited fraud the five years would start from the time i disclosed the injury of my shoulder its been almost 5 years since that time.   Is that true? would me coming forth and telling everyone about it help any?   

my 2nd question is, after i got out of active duty army i enlisted for the national guard. and when i enlisted for the national guard i told them everything about my shoulder, i didnt hide anything. is it possable that the National Guard could charge me for fraudulent enlistment way back in 2004 under a different contract even though i disclosed everything when i enlisted under the guard and they let me enlist knowing about my shoulder?

if it comes to the point where they try to charge me for fraudulent enlistment should i lie and tell them i did not know anything about my shoulder when i enlisted and found out when i got to my unit since fraudulent enlistment is knowingly concealing something that would disqualify your from enlistment? or would i just be digging the whole deeper for myself?

one more question , if they wanted to send me to the medical board or anything for that matter would they have enough time to do all of that before i ETS in two months? or could they keep me in just so they could kick me out on there terms?

I hope those questions make sense becuase im really stressing out over this. thank you!!

Answer
Since you ETS is two months, drag it out.  Delay getting them docs, it will be easier for them to put you out VIA ETS than going thru a med board to discharge you.  they cannot involuntary extend you to discharge you thru a med board.  Ignore their requests, go to drill and let your ETS pass and turn in your gear on your last drill before ETS.  be done with it, and you are clear.