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ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

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  • ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

    I was given an entry level separation from the WV ANG over 7 years ago. I injured my shoulder about half way through my 4th week. They sent me home when they learned that this was a prior condition (which I didn't even know until my parents told me about it). I could've toughed it out, but I was a 17 year old kid who was homesick and saw a way out. I've regretted it ever since. Now I'm 25 years old, my shoulder is fine and I have a perfect record (Less the Fraudulent Entry from the WV ANG) and I desperately want to reenlist! Here are my questions:

    1) Should I have been given a DD-214 after only 4 or 5 weeks of basic (I have my NGB Form 22, but I can't remember if I was issued a DD-214)

    2) My NGB Form 22 says I'm ineligible for reenlistment, is this waiverable?

    3) What type of waiver would this require? Moral? Medical?

    4) Does the amount of time that has passed since my ELS matter?



    Please help me here. This is something that is very important to me!!!!

  • #2
    Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

    That fraud is probably a killer. Call your local NG recruiter for details.

    Comment


    • #3
      Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

      Originally posted by jHarvey304 View Post
      I was given an entry level separation from the WV ANG over 7 years ago. I injured my shoulder about half way through my 4th week. They sent me home when they learned that this was a prior condition (which I didn't even know until my parents told me about it). I could've toughed it out, but I was a 17 year old kid who was homesick and saw a way out. I've regretted it ever since. Now I'm 25 years old, my shoulder is fine and I have a perfect record (Less the Fraudulent Entry from the WV ANG) and I desperately want to reenlist! Here are my questions:

      1) Should I have been given a DD-214 after only 4 or 5 weeks of basic (I have my NGB Form 22, but I can't remember if I was issued a DD-214)

      2) My NGB Form 22 says I'm ineligible for reenlistment, is this waiverable?

      3) What type of waiver would this require? Moral? Medical?

      4) Does the amount of time that has passed since my ELS matter?



      Please help me here. This is something that is very important to me!!!!
      What have you done with yourself since than?

      Comment


      • #4
        Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

        Here are some answers

        Originally posted by jHarvey304 View Post
        1) Should I have been given a DD-214 after only 4 or 5 weeks of basic (I have my NGB Form 22, but I can't remember if I was issued a DD-214)
        You would have been given a DD214 from the training post when they sent you home. They wouldn't send you home without one.

        2) My NGB Form 22 says I'm ineligible for reenlistment, is this waiverable?
        Possibly

        3) What type of waiver would this require? Moral? Medical?
        it would require a medical waiver

        4) Does the amount of time that has passed since my ELS matter?
        not really, its been over 6 months

        Comment


        • #5
          Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

          Originally posted by HR NCO View Post
          Here are some answers
          To add to what HR NCO said, here is an excerpt from AR 601-210:

          "f. Applicants enlisting in the DEP/DTP/DS or ARNG who conceal any offenses that require a waiver will be
          discharged. All DEP/DTP/DS or ARNG applicants discharged under this paragraph will incur a 6-month waiting period
          from date of separation orders and require a fraudulent enlistment waiver from the recruiting battalion commander
          along with any additional waivers as noted in this chapter."

          So, you'll likely need two waivers; a fraudulent discharge waiver AND a medical waiver. What's wrong with your shoulder? I can see if there's anything in the medical regulations that would stipulate if you are disqualified or not.

          Comment


          • #6
            Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

            Originally posted by RyCass View Post
            To add to what HR NCO said, here is an excerpt from AR 601-210:

            "f. Applicants enlisting in the DEP/DTP/DS or ARNG who conceal any offenses that require a waiver will be
            discharged. All DEP/DTP/DS or ARNG applicants discharged under this paragraph will incur a 6-month waiting period
            from date of separation orders and require a fraudulent enlistment waiver from the recruiting battalion commander
            along with any additional waivers as noted in this chapter."

            So, you'll likely need two waivers; a fraudulent discharge waiver AND a medical waiver. What's wrong with your shoulder? I can see if there's anything in the medical regulations that would stipulate if you are disqualified or not.


            There's nothing wrong with my shoulder now, but 8 years ago I had something called "multidirectional shoulder instability"

            Comment


            • #7
              Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

              Originally posted by o13starsnstripes View Post
              What have you done with yourself since than?
              Since my ELS, I worked hard to strengthen my shoulder by following directions a doctor gave me (no therapy, couldn't afford it). Then I was a police officer for a little over year. After getting married I went in the mining industry. I'm now a shift foreman at a large underground coal mine.

              Comment


              • #8
                Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

                Originally posted by jHarvey304 View Post
                Since my ELS, I worked hard to strengthen my shoulder by following directions a doctor gave me (no therapy, couldn't afford it). Then I was a police officer for a little over year. After getting married I went in the mining industry. I'm now a shift foreman at a large underground coal mine.
                Here's what I found in the DoDi Medical Standards (6130.03):

                "a. Limitation of Motion. Current active joint ranges of motion less than:
                (1) Shoulder (726.1)
                (a) Forward elevation to 90 degrees.
                (b) Abduction to 90 degrees."

                And further down the Upper Extremeties portion:

                "c. Residual Weakness and Pain. Current disease, injury, or congenital condition with
                residual weakness or symptoms that prevents satisfactory performance of duty, including but not
                limited to chronic joint pain associated with the shoulder (719.41), the upper arm (719.42), the
                forearm (719.43), and the hand (719.44); or chronic joint pain as a late effect of fracture of the
                upper extremities (905.2), as a late effect of sprains without mention of injury (905.7), and as late
                effects of tendon injury (905.8)."

                And under Miscellaneous:

                "c. History of any dislocation, subluxation, or instability of the knee (718.86) or shoulder [is a disqualification]."

                Based on all this and what you've said previously, I can't say definitively if you would be disqualified or not. But if you are, I think you have a good chance of presenting a waiver; especially if you can show that you are fit for duty and will not require further treatment for the injury.

                Bottom line: talk to your recruiter.

                Comment


                • #9
                  Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

                  Originally posted by jHarvey304 View Post
                  There's nothing wrong with my shoulder now, but 8 years ago I had something called "multidirectional shoulder instability"
                  From my own experiences - shoulder instability is rarely fixed with surgery, especially multidirectional instability. I went through a ton of pt for years because I didn't want surgery but it didn't work and I had to have surgery. Waivers for shoulder instability are a possibility - I am in the process of getting one now (was waiting for one from Army National Guard but ran out of time due to age and will be working on getting one for the Air National Guard). For some reason the military views shoulder issues as much worse then something like a knee ligament tear which makes no sense to me but I am not a doctor so what know. But, a waiver is still possible. You will probably need to go to an orthopedic to get a letter stating your strength, range of motion, stability, etc. This is what I had to do because my surgery was so long ago there were no medical records. The biggest hurdle I can see is the fraudulent enlistment. What is your RE code? Narrative reason?

                  Comment


                  • #10
                    Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

                    Originally posted by jHarvey304 View Post
                    I injured my shoulder about half way through my 4th week. They sent me home when they learned that this was a prior condition (which I didn't even know until my parents told me about it).
                    How did they find out it was a prior condition if you didn't even know about it?

                    Comment


                    • #11
                      Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

                      Originally posted by robinpugs06 View Post
                      How did they find out it was a prior condition if you didn't even know about it?
                      I was allowed to call home after I got hurt and my parents told me about me having problems with my shoulder when I was a kid. I thought I was doing the right thing by telling them. Should've kept my mouth shut.

                      Comment


                      • #12
                        Re: ELS from WV Air National Guard for Fraudulent Entry. Desperately want to reenlist!!!

                        Originally posted by RyCass View Post
                        Here's what I found in the DoDi Medical Standards (6130.03):

                        "a. Limitation of Motion. Current active joint ranges of motion less than:
                        (1) Shoulder (726.1)
                        (a) Forward elevation to 90 degrees.
                        (b) Abduction to 90 degrees."

                        And further down the Upper Extremeties portion:

                        "c. Residual Weakness and Pain. Current disease, injury, or congenital condition with
                        residual weakness or symptoms that prevents satisfactory performance of duty, including but not
                        limited to chronic joint pain associated with the shoulder (719.41), the upper arm (719.42), the
                        forearm (719.43), and the hand (719.44); or chronic joint pain as a late effect of fracture of the
                        upper extremities (905.2), as a late effect of sprains without mention of injury (905.7), and as late
                        effects of tendon injury (905.8)."

                        And under Miscellaneous:

                        "c. History of any dislocation, subluxation, or instability of the knee (718.86) or shoulder [is a disqualification]."

                        Based on all this and what you've said previously, I can't say definitively if you would be disqualified or not. But if you are, I think you have a good chance of presenting a waiver; especially if you can show that you are fit for duty and will not require further treatment for the injury.

                        Bottom line: talk to your recruiter.

                        Thanks a lot! Very beneficial information. I appreciate you taking the time to look that up for me!

                        Comment

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