Expert: MARK A. HOWELL - 10/14/2011

Question
Sir

Your background and education make me believe you might know this answer, but keep in mind expectation bar is set low b/c literally no one has been able to answer this question for me.  I am currently serving in my 5th year of active duty as a commissioned officer.  Recently I discovered that a medical condition I have had since birth actually disqualifies me from military service.  I never received a waiver for this condition, and I certainly mentioned it during my entry physical, however it was not noted.   Now I know there are regulations that cover erroneous enlistments (which I technically did in ROTC before being commissioned upon graduation).  What governs erroneous commissions?  Furthermore what covers ADSC extensions under the same false pretense?  Hope you can help

Dan

Answer
Dan,
Sorry for the delay.  I've been in the hospital.  Apparently I didn't duck enough and got shot in the head.

How did you discover it?  Does anyone else know?

If no doctor knows, just keep quiet and hope they continue to not find it.  I'm afraid that if they discover anything now they'll simply discharge you.  The false pretenses discharge means its YOUR fault and they'll try to prosecute YOU for it.  I've seen it many times.

About the only thing you can do is keep it quiet.  Even if you volunteer the info, they'll turn it around and somehow make it YOUR fault.  The government never likes to be wrong.
DO NOT pursue this any further.  Let them discover it and when they try to take action, THEN you can try saying, "I told you so."

At the 12 year point they'll medically retire you with a pension for the rest of your life.  Anything less than 12 and they'll just can you, with nothing.  A lot like being fired.

I'm sorry this happened to you, but all you can do is wait and hope for the best.
I know this isn't what you wanted to hear.  Sorry.

Colonel H