Expert: Howard Lorenz - 4/5/2010

Question
Dear Sir.  In December 2009 about 1/2 weeks before graduation, I received a call from my son who was in Navy bootcamp that he was being separated because the Navy had an x-ray with a kidney stone (the size of a dime in his right kidney) and had two bloody urinalysis tests.  He was told that he would have to be separated from the Navy but could possibly go through bootcamp again in a year (after the kidney stones were taken care of).  The  DD-214 Separation Code is JFC and the Reentry Code is RE-8.  Of course, none of us had ever heard of someone being discharged because of kidney stones.  Once returning home and seeing a urologist, the urologist did a CT scan  another test and found that he does have two small kidney stones in the opposite kidney than the Navy reported and said they there is no reason for treatment because the stones are so small he can pass them on his own.  How can the diagnosis be so different between the Navy and the urologist? Should he be able to obtain a waiver after a year and still go into either the Navy or Army?  Why would the DD214 not have shown a code that indicated a medical reason for separation?  I appreciate any guidance you might give in this situation.

Thank you,

Lynn Wood

Answer
You have to understand that the military for the first 180 days has the right according to his original contract that if there is a medical condition that they can discharge him.  RE-8 — Temporary medical conditions or unsatisfactory initial performance and conduct means that during this time they found a condition that could have potentially caused him more harm. As for the difference, the military isnt too keen on doing second opinions for medical conditions unless its directly service connected. Since he was in the Navy, they take their own prior service. If he has a clean cat scan, then I would have him re-enter the Navy and continue.

This type of thing happens all the time and it is stated in the enlistment contract that they will and can do what they did with in the first 180 days. Also bear in mind that if they reappear after he goes back, it will be considered a condition and they will more than likely will not give him another RE-8.

My advise is have him produce to the Navy a clean cat scan result and reapply.