Legal Question in Military Law in Florida

Military AdminSep for PFA Failures

I currently have 2 PFA (phsyical fitness test) failures. I'm worried I may not pass the next one in here in a few weeks. In the Navy they now separate you if you fail 3 in a 4 year period. I have read all the instructions, etc. I don't have anything in my service record that wouldn't warrant me an Honorable discharge, so my question is:

If I don't pass and they do the admin sep, and they try to give me a discharge such as ''general'' or OTH, should I hire an attorney for help? Are there attorneys for this?

What can I expect to happen and when will I know if I will need an attorney, if I can't pass the next PFA?

Most people ahve told me it will be honorable, but a friend told me they might try to say I failed on purpose. I have seen the military work, I've been in over 6 years, and I can totally see them trying to tell me I failed on purpose just to get one over on me. Is this likely though or am I panicing?

Anyone have experience in this?

Thanks

Suge


Asked on 4/17/07, 1:25 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Military AdminSep for PFA Failures

Your discharge would be honorable. Administrative separation is generally for people who have failed to adhere to standards. If they make a claim that you failed intentionally, they'd have to prove that up in a court martial or Article 15 before seeking the change the quality of your discharge.

Now, get back to running, do some push ups, pass up the ice cream bar, and give the full effort on your PFT. The career you save may be your own.

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Answered on 4/17/07, 1:36 pm
John K. Harris Attorney at Law

Re: Military AdminSep for PFA Failures

If you run into a situation where the Navy is not cooperative then you should contact a civilain attorney who practices military law.

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Answered on 4/17/07, 3:24 pm


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