Legal Question in Military Law in Florida

I am facing a discharge from the Air Force for PT Failures. I currently just passed my PT Test in February. I found out about 5 years ago that I am a Type 2 Diabetic. I worked through this and improved on my PT enough to pass, but had 4 failures in 2 years. I could have let myself go (when I had the MEB for Diabetes, and collected money). Why am I being punished for working and improving, as oppossed to just getting out and collecting a check?

Asked on 4/09/12, 4:39 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law
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You make very good points which should be raised. You have a right to request an administrative discharge board to decide if you should be separated or not. At the board you can call witmesses and present evidence of these very facts and argue you should not be discharged now when you have passed the PT and meet the standards. Fight the discharge, request a discharge board and present your evidence that you should not be separated. You can also have counsel represent you at that hearing to assist you in trying to stay in.

I hope this helps. If you have additional questions, please feel free to contact me directly at WJHLAW@cox.net or (757) 420-9321.

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4/10/12, 7:43 am

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