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  • Contract

    Didn't know where to post this but here it is.

    I joined the WV guard a few years back, told the recruiter about my two prior head injuries. Fast forward to my pre deployment health assessment. I tell the doc about some headaches I have been having due to the injuries, come to find out the recruiter took any writing of my head injury out of my enlistment paper work! Now they are saying I am non deployable.

    I guess my question is my contract even valid because of those ommisions? And can those ommisions come back on me even though it was not I who took the info out?

  • #2
    Re: Contract

    I can't entirely say if your enlistment contract will be invalid due to this omission. I do know, and what you can be sure of, is now that you've brought it up in a PHA, the injuries will be investigated. Once you become non-deployable, a red flag goes up and your unit is notified. My advice to you is to gather all your medical documentation so that you can have them available for a potential Med Board. It might even help your case if you get a note from your civilian doctor stating that you are fit for duty.

    Good luck!

    Comment


    • #3
      Re: Contract

      This does not sound like a fraudulent enlistment, although I don't believe your statment "come to find out the recruiter took any writing of my head injury out of my enlistment paperwork". You filled out a DD Form 2807-1 and in Block 15c YOU answered a question about pre-exsisting head injury. On the DD Form 2807-2 (which you may have filled out with your Recruiter, you attested in Box 14 that you either had a history of, or didn't have a history of a head injury. YOU actually INITIAL the box, so it's not as if your RRNCO forced you to initial incorrectly. Either way, the 2807-1 is reviewed AT MEPS without the Recruiter even around...which is why I find that part of your story...a tad misleading.

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      • #4
        Re: Contract

        Ok, so you went to a PHA and told them you had issues and they said you are nondeployable. Basically you now have to provide documentation either A. stating that you are cleared from your doctor, or B. All your medical records showing treatment of the issue.

        No, your contract will not be voided. Like the LT said, YOU signed all your paperwork and could read what was and wasnt on there. Anything omitted, you chose to leave omitted. You can't blame the recruiter for that, even if maybe he suggested you omitt something, you ultimately made the decision.

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        • #5
          Re: Contract

          I see where you are coming from but I did put the injuries on the electronic forms I filled out. But I guess it is my fault in the end for not checking to see if all the information was correct. Why would I intentionally withold info when I am filling a VA claim for the one service connected injury?

          Comment


          • #6
            Re: Contract

            I was not suggesting you intentionally omitted information. I can't reasonably buy into the likelihood that your recruiter altered information. You also didn't indicate that you have a Ps v injury and were seeking VA compensation. In any event if your PDHA deemed you non deployable, your time in the Guard is short.

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