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  • Fighting Disqualification

    I was recently disqualified for 3 reasons, one was a alcohol abuse case that the MEPs doctor pretty much made up because i have had a pulic intox that was dropped by the officer out of court. The other was a lower back issue that i wasnt even aware i had and after seeing a specialist it could be something im born with and alot of ppl have and does effect them in any way. the last was pins in my knee that i have had checked out 4 times by separate doctors and each says my knee is strong as ever and is cause me no limitations or problems. When it come down to it i believe i could be a great soldier but on paper the NGB doesnt think so. My recruiter mentioned something about fighting them and i am all for it because im not letting a dream of mine get shot down and me not do anything in my power to change it. I was just wondering if anyone has any stories of success or failure with this kind of thing or just a little advise. Thanks for your time.

  • #2
    Re: Fighting Disqualification

    First advice - DON'T GIVE UP! Do everything you can if this is what you really want. Get letters of recommendation from people - Priest, Chaplin, local police, anyone who can attest to your character and that the public intoxication was a one time mistake on your part and not a pattern of behavior nor a sign of alcohol abuse. How old were you when that happened? How old are you now? I would get a few consults from specialists in reference to your back as well as knee. I know regulations change a lot but I thought any kind of hardware - pins, screws, plates- were dis qualifiers. I could be wrong about that though.
    I would assume that the problem is that you need a few waivers and waivers are harder to come by right now since the numbers of recruits are so high. Ask your recruiter what he/she thinks you should do to fight the disqualification - the best routes to go.
    Like I said, don't give up until you have exhausted every route available to you.

    Comment


    • #3
      Re: Fighting Disqualification

      Why would a doctor need to 'make up' a story of an alcohol abuse case?

      1. That would be more of a disqualify you in your security background check.

      2. Why would the need to 'make up' something like that when they clearly had grounds to disqualify, at their discretion, on your knee alone?

      Comment


      • #4
        Re: Fighting Disqualification

        I have every plan to do anything and everything i can. I just cant take this sitting down for how bad i want to be a soldier in the guard. I was 22 when i got the alcohol charge and i am 23 now. I have 2 reports from doctors saying i was evaluated and dont have and never had a alcohol problem of any sorts. I plan on getting another psychologist evaluation and i have 6 months so i will even attend AA classes to get the completion certificate. Hardware is not disqualifying if it doesnt cause any problems or limitations which mine does not. I play hockey and i am a mountain biker so i put my legs through the rounds and i have no problems at all. Thats all on top of my normal working out running and strength training. After some research i found my back can me fixed with a chiropractor so that is my first step then going to a doctor to get it x rayed and cleared that i no longer have the condition. I guess its all a waiting game after that tho. Ill play the numbers and just put in my waviers when the timing is right and after i wait the six long months. Thanks for your time and response. its giving me a little hope that may be out there.

        Comment


        • #5
          Re: Fighting Disqualification

          he did need to make anything up. but when i tell a doctor that i didnt get a dui because i wasnt intoxicated and i got a public intox because i wasnt one to argue with a police officer and then the doctor puts that i ws looting a DUI and i talked myself out of it seems a little out on context and him putting down that i had a BAC of .09 when i was never told my real BAC. I wasnt saying he was trying to disqualify me i just dont understand how things of those nature are allowed and i get no say even after i had to stay at meps and go to their psych and get results saying i dont and never had a alcohol abuse issue or problem but the doctor still puts down a history of alcohol abuse that forces me to go to another psych for them to them me that once again i dont and never had a problem. so the doctor did NEED to do anything but its what he DID do that confused me.

          Comment


          • #6
            Re: Fighting Disqualification

            Originally posted by liquid814 View Post
            he did need to make anything up. but when i tell a doctor that i didnt get a dui because i wasnt intoxicated and i got a public intox because i wasnt one to argue with a police officer and then the doctor puts that i ws looting a DUI and i talked myself out of it seems a little out on context and him putting down that i had a BAC of .09 when i was never told my real BAC. I wasnt saying he was trying to disqualify me i just dont understand how things of those nature are allowed and i get no say even after i had to stay at meps and go to their psych and get results saying i dont and never had a alcohol abuse issue or problem but the doctor still puts down a history of alcohol abuse that forces me to go to another psych for them to them me that once again i dont and never had a problem. so the doctor did NEED to do anything but its what he DID do that confused me.
            Huh?? Ok, you just confused the heck out of me. But what I think you said is that you got a DUI and then a separate public intox. 2 separate alcohol related legal issues? That does make for a history of alcohol abuse.

            Comment


            • #7
              Re: Fighting Disqualification

              Originally posted by liquid814 View Post
              he did need to make anything up. but when i tell a doctor that i didnt get a dui because i wasnt intoxicated and i got a public intox because i wasnt one to argue with a police officer and then the doctor puts that i ws looting a DUI and i talked myself out of it seems a little out on context and him putting down that i had a BAC of .09 when i was never told my real BAC. I wasnt saying he was trying to disqualify me i just dont understand how things of those nature are allowed and i get no say even after i had to stay at meps and go to their psych and get results saying i dont and never had a alcohol abuse issue or problem but the doctor still puts down a history of alcohol abuse that forces me to go to another psych for them to them me that once again i dont and never had a problem. so the doctor did NEED to do anything but its what he DID do that confused me.
              Originally posted by RSP NCO View Post
              Huh??
              +100 - I couldn't understand the OP's response to reply

              Comment


              • #8
                Re: Fighting Disqualification

                Originally posted by liquid814 View Post
                he did need to make anything up. but when i tell a doctor that i didnt get a dui because i wasnt intoxicated and i got a public intox because i wasnt one to argue with a police officer and then the doctor puts that i ws looting a DUI and i talked myself out of it seems a little out on context and him putting down that i had a BAC of .09 when i was never told my real BAC. I wasnt saying he was trying to disqualify me i just dont understand how things of those nature are allowed and i get no say even after i had to stay at meps and go to their psych and get results saying i dont and never had a alcohol abuse issue or problem but the doctor still puts down a history of alcohol abuse that forces me to go to another psych for them to them me that once again i dont and never had a problem. so the doctor did NEED to do anything but its what he DID do that confused me.
                Ok,first of all take a deep breath. I know you are frustrated but we can't even begin to try and help you if we can't understand you.
                From what it sound slike, you have two things on your police record? Or two arrests that you didn't get charged?
                You have some sort of back thing?
                You have hardware in your knee?
                Is this all correct? Anything else?

                Comment


                • #9
                  Re: Fighting Disqualification

                  No i only had a public intox that i plead not guilty to and the officer dropped the charge. what happened was i was driving home and got pulled over for rolling a stop sign and the cop smelled beer on me so i got breathilized. he charged me with a public intox right there and i took it since i didnt wanna argue with a cop plus being 22 and never been pulled over with a drink in me i was scared. the next day the officer called me and said he would drop the charge since i wasnt intoxicated enough for a DUI and i was cooperative with him. so we went to the court house and it was dropped. so all i ever had was a incident where i was charged with smelling like beer blowing at or under a legal limit it was dropped but still i abuse alcohol in the eyes of a MEPs doctor.

                  Comment


                  • #10
                    Re: Fighting Disqualification

                    i have one public intox on my police record along with some traffic violations nothing that would need a wavier since i have the 3 traffics and 2 none traffics. those are the limits to not need a wavier.
                    i have sponsylosis in my lumbar which is something i could of been born with or just something i developed from riding bikes or a car accident. but the research i did i can have it fixed by a chiropractor since it causes me no pain or problems and is a light case of it.
                    also i have 2 pins through my knee cap that was a result from a car accident. i have no issues with pain or swelling with those pins and my knee that was worked on test stronger then my knee that has never been worked on.
                    those are the things that where on my disqualifying letter.
                    I passed the ortho and physical test at MEPs with no problem at all.
                    The MEPs doctor passed me for the waviers it was the NGB that failed me which ***** the most since they are ppl that have never met me just see whats on paper. i guess you can be healthy as a horse in life but it only counts on a piece of paper.
                    when i first started the process i only needed a wavier for my knee but of course things i didnt even know about myself popped up like my lumbar and my alcohol abuse problem.
                    thank you for your help tho or any advice you may have for me

                    Comment


                    • #11
                      Re: Fighting Disqualification

                      The causes for rejection for appointment, enlistment, and induction are an authenticated history of:



                      (2) Orthopedic hardware, including plates, pins, rods, wires, or screws used for fixation and left in place; except that a pin, wire, or screw not subject to easy trauma is not disqualifying.

                      Comment


                      • #12
                        Re: Fighting Disqualification

                        Brother, the bottom line is there is nothing for you to fight. You are disqualified from enlistment in the National Guard. That is not open for debate. We can discuss the “fairness” of the disqualification all day long. It won’t change the fact that you’re disqualified. The waivers you seek are to specifically WAIVE certain enlistment criteria, and allow you to enlist despite the DQs. A quote from an esteemed member here is appropriate, “Waivers are not a right.” Military services grant waivers based off their needs, not the needs of the applicant. The recruiting environment is currently very good, retention is high, and demand for Soldiers (active, reserve and National Guard) is dropping as we close out in Iraq, reduce troop levels in Afghanistan, and look to have as much as $1 Trillion, yes that’s with a “T” cut from the defense budget over the next ten years. Waivers are much harder to obtain than they were four or five years ago. This is not a reflection on you as a person. It just is. Obviously enlisting is important to you, so resubmit in six months and I wish you all the luck possible.

                        Comment


                        • #13
                          Re: Fighting Disqualification

                          that is why i got the wavier because my pins are not subjected to easy trauma. I can drop to my knee. i run 2 miles every morning. all the things to make sure my knee is strong enough to with stand fighting for my country.

                          Comment


                          • #14
                            Re: Fighting Disqualification

                            Originally posted by MAJ Powers View Post
                            Brother, the bottom line is there is nothing for you to fight. You are disqualified from enlistment in the National Guard. That is not open for debate. We can discuss the “fairness” of the disqualification all day long. It won’t change the fact that you’re disqualified. The waivers you seek are to specifically WAIVE certain enlistment criteria, and allow you to enlist despite the DQs. A quote from an esteemed member here is appropriate, “Waivers are not a right.” Military services grant waivers based off their needs, not the needs of the applicant. The recruiting environment is currently very good, retention is high, and demand for Soldiers (active, reserve and National Guard) is dropping as we close out in Iraq, reduce troop levels in Afghanistan, and look to have as much as $1 Trillion, yes that’s with a “T” cut from the defense budget over the next ten years. Waivers are much harder to obtain than they were four or five years ago. This is not a reflection on you as a person. It just is. Obviously enlisting is important to you, so resubmit in six months and I wish you all the luck possible.
                            i understand the lack of need for soldiers and the facts on the table being that i may not have a fight for a waiver but i believe i still have the right to prove myself. even if the fight to get in is strictly for myself i wont stop until i've tired all i can to reach the goals i set for myself. I understand the numbers game and thats what i plan on playing after i wait the six month period. for better or worse in the end atleast i tried. thank you for your complete honesty it will help me down the road when i need to make ever move right to have a little shot in the dark.

                            Comment


                            • #15
                              Re: Fighting Disqualification

                              Originally posted by liquid814 View Post
                              that is why i got the wavier because my pins are not subjected to easy trauma. I can drop to my knee. i run 2 miles every morning. all the things to make sure my knee is strong enough to with stand fighting for my country.
                              Liquid, you are not listening to the obvious facts. You can become the six trillion dollar man and that will not negate the fact that you are disqualified for serving. An officer summed it up with his response and your medical and background history is in the system and places you as someone that is not a prime candidate.

                              The way things are going right now; trying to enlist in the Armed Forces are for the ones with basically no issues at this time.

                              There are many other things that you can do that is honorable in serving but as it appears; the military is not one of them.

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