Legal Question in Military Law in Alabama

My son joined the Army Reserves (without us knowing about it) solely for education benefits. He finished BASIC and AIT training plus 2.1/2 years of drilling. During this time he tried to use his education benefits and was denied. Their reason for denial was his waistline was 1" too big, even though he could run the required amount and do all the required pushups for his fitness test. His waist was 36", weight 186#, and they didn't release him because he was "unfit". Also, they recruited him even though he has scolliosis really bad, a heart murmur, and he is ADHD. Needless to say he could not handle the stresses of military life. I was very disappointed in how the military treated him so I encouraged him to just not go to drills. He is now having to pay back a portion of his bonus, which is okay. But I worry how this will impact his future and what type of discharge he may receive. Can you tell me what he should do or expect?


Asked on 1/09/13, 9:14 am

1 Answer from Attorneys

Scot Sikes Law Offices of Scot Sikes

Ma'am, the Reserves will normally seek to separate a Soldier for unsatifactory participation via an administrative separation action. He is subject to receive an Honorable, a General (Under Honorable Conditions), or an Under Other Than Honorable Discharge, although they normally will pursue one of the latter two. The question of how it will affect him in civilian life is hard to say. Perhaps not at all, as the administrative chapter is not a judicial proceeding; there is no conviction. On the other hand, if he applies for positions with State or Federal Government, or even some private employers, and is asked about military service, he could have to reveal the nature of his discharge. A less than fully Honorable Discharge could be a sign to an employer that your son is a risky prospect. Has your son received notice of a chapter/separation action from his unit? If so, he is entitled to consult with a military defense counsel at no cost to him. Alternatively, he has the right to consult with a civilian attorney, although it goes without saying he will want to ensure that that person is expereinced in military justice.

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Answered on 1/09/13, 10:13 am


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