Expert: Rod Powers - 10/15/2007

Question
QUESTION: I recently joined the guard.. but i have asthma. I've had it after i turned 13. i don't want to stay in the service. i keep having attacks, but everyone says to stay in the service, even though i have trouble breathing. i told my recruiter, and he say tell no one. my Sergeant asked how i was brought into the service the asthma, and i don't know. how can i get out? no one listens to me and refuses to help. what can i do?

ANSWER: Hi,

The fact of the matter is that (no matter what your recruiter told you), you lied in order to get into the service.

Asthma, after the age of 13 requires a waiver, so the only way you could have joined without a waiver is if you lied on your enlistment paperwork. (see: http://usmilitary.about.com/od/joiningthemilitary/a/asthma.htm).

The problem is, you've already joined and -- because of that -- your false statement makes you liable for felony charges, possibly a court-martial. Because of this, the only person you should accept advice from, at this point, is a Military attorney. You should be able to make an appointment with your local Area Defense Counsel during your next drill period. I strongly recommend you take his/her advice, as it's a more complicated matter to lie about enlistment qualifications, after you've joined (see my article at: http://usmilitary.about.com/cs/joiningup/a/falsestatements.htm.

For more information about the United States Military, feel free to visit my U.S. Military Information site at: http://usmilitary.about.com.

Hope this helps!

Rod Powers
http://usmilitary.about.com

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

QUESTION: i didn't lie though. i told the doctor at meps that i had asthma. i've talked to my CO and they refuse to let me get out.

ANSWER: Did you join the Army National Guard, or the Air National Guard. And...Have you been through basic training, yet?

Rod Powers
http://usmilitary.about.com


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

QUESTION: i'm in the army national guard and i have not been to basic. i was told there would be a second swearing in and another physical.. but that i wouldn't pass.. so what they most likely would do would be keep pushing back my basic until i passed the second physical.. is this true? i don't know what to do. some say i will be dishonorably discharged, other think just a general discharge, or prison time.  i'm so lost and no one has been able to help me....

Answer
Hi Chelsea,

Okay, if you were honest about your history of asthma during your MEPS physical, that means the Army National Guard decided to give you a medical waiver for the condition.

There is not going to be a second "swearing in," nor is there going to be a second physical. When you swear in to the National Guard the first time, you become a *member* of the National Guard, and you receive pay for any drills you attend. This is very different from the active duty Delayed Enlistment Program (DEP), in which one first enlists in the *inactive reserves* (without pay), to wait until their basic training slot rolls around.

You've already sworn into your unit, and you receive pay for any drill you attend. When you get ready to ship out to basic training, you'll return to MEPS, and you will be asked if you have any medical conditions that are new since your original MEPS physical. If you have concerns about your asthma, this would be the time to bring them up. If the MEPS doctor determines you have a medical condition (such as the asthma) that is incompatable with Military service, or basic training, then he/she will not allow you to ship out.

You need to stop listening to people who don't know what they're talking about. The *ONLY* way that you could *possibly* get a "dishonorable discharge" or prison time is if you committed a crime under Military law (see: http://usmilitary.about.com/od/punitivearticles/a/mcm.htm), and were convicted of that crime by Court-Martial (see: http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial1.htm).

You told me that you told the MEPS doctor about your previous history of asthma on your first visit to MEPS, and you were allowed to enlist anyway, so what "crime" do you think you've committed?

I can't even imagine you would recieve a "general" discharge. Why? You were honest about the condition, right? If the asthma proves to be a condition that results in a discharge, my *STRONGEST* suspicion is that it will be an "entry-level" separation (see my article at: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm).

Unless there's something here that you're not telling me.....

For more information about the United States Military, feel free to visit my U.S. Military information site at: http://usmilitary.about.com. Hope this helps!

Rod Powers
http://usmilitary.about.com