My F'd up military situation

[stinkynathan]

Another idea, though I'm not sure if it's possible or good.

If you still have a relationship with your unit's readiness NCO, investigate with that person the possibility of taking your case to the Inspector General's office. We had to do this on one occasion because of a problem we were having turning in old and acquiring new equipment from higher. It got fixed pronto. Someone may have lost a job or was demoted because of it.

Trust me, the MEPS people (or whomever it is in your case) would not like an inquiring call from an officer in the IG's office.

 

[SarcasticDwarf]

Originally posted by: stinkynathan
Another idea, though I'm not sure if it's possible or good.

If you still have a relationship with your unit's readiness NCO, investigate with that person the possibility of taking your case to the Inspector General's office. We had to do this on one occasion because of a problem we were having turning in old and acquiring new equipment from higher. It got fixed pronto. Someone may have lost a job or was demoted because of it.

Trust me, the MEPS people (or whomever it is in your case) would not like an inquiring call from an officer in the IG's office.

I have already been in contact with the IG (who is a complete ass btw). He stated that I had only a year to file the complaint. Wish I woulda known that back then. Apparently my unit should have advised me to do it, but my UA was a complete dolt and never helped me with anything.

The big problem now is that I have already been separated and it takes a crapload of work to undo that...work that nobody is willing to do (or lack the authority to do).

 

[TallBill]

I honestly have no advice for you. Best of luck though, whatever path you decide on wont be an easy one.

 

[jjzelinski]

Did I miss the part where you contact the VA?

 

[SarcasticDwarf]

Originally posted by: jjzelinski
Did I miss the part where you contact the VA?

I did. According to them the fact that I do not have any proper discharge papers disqualifies me.

 

[jemcam]

Originally posted by: MichaelD
Assuming you're telling us everything, exactly the way it happened, you're getting dicked, to put it blunty.

All branches of the US Armed Forces will dick their members, but the USMC and the USA are the prime offenders.

Lawyer up, now. Sure, it will cost you a little bit (lawyers will make payment plans, you know) but once Uncle Sam gets an official, stamped, notarized, blahblah letter from your lawyer stating your position, you'll get what you DESERVE.

Again, this is assuming you're telling us everything. You ENLISTED. You WENT to basic training. You got busted up during PT/training. That's 100% in the line of duty.

That will NEVER work, take my word for it.

Take your discharge and move on. I'd be EXTREMELY surprised if they ever allow you back in, because of your injury.

FWIW, the only way you can get a dishonorable discharge is if it's accompanied by a court martial which is pretty much the equivalent of a felony charge in the civilian world.

I served 15 years and was a Captain when I got out. I had 4 commands during that time and dealt with many cases like this. You could spend hundreds of thousands of dollars on an attorney and you'll NEVER win.

You're not going to get disability in a training incident unless it can be proved that the Gov't did something negligent. If you broke your ankle on something like an obstacle course, that's not negligence.

You tried to do your part and it didn't work out. Move on and be glad for the experience you got.

 

[jemcam]

It also sounds like you never will be able to pass the APFT. I don't see you as being a viable deployable soldier after you complete training so the military is going to be uninterested in you. Based on what you said, it doesn't sound like you can even make it through Basic at this point.

I'm not trying to be a dick, I'm just sayin'...

 

[SarcasticDwarf]

Originally posted by: jemcam
It also sounds like you never will be able to pass the APFT. I don't see you as being a viable deployable soldier after you complete training so the military is going to be uninterested in you. Based on what you said, it doesn't sound like you can even make it through Basic at this point.

Well I certainly could not pass the APFT right now simply due to weight. I can get that back to normal in a few months but I have been unable to seriously run since the injury. It does not matter so much to me right now if I get a disability rating (even 0% would be fine), I just need to be able to get it later in life when the effects of this catch up with me. Until I can get a proper discharge I am screwed.

 

[jemcam]

Originally posted by: SarcasticDwarf

Originally posted by: jemcam
It also sounds like you never will be able to pass the APFT. I don't see you as being a viable deployable soldier after you complete training so the military is going to be uninterested in you. Based on what you said, it doesn't sound like you can even make it through Basic at this point.

Well I certainly could not pass the APFT right now simply due to weight. I can get that back to normal in a few months but I have been unable to seriously run since the injury. It does not matter so much to me right now if I get a disability rating (even 0% would be fine), I just need to be able to get it later in life when the effects of this catch up with me. Until I can get a proper discharge I am screwed.

Little things like that do come into consideration. I can hear a board reviewing your case right now: "This guy can't even pass the standards, so why should we cut him a break?" You're not going to be get disability so don't get your hopes up.

The military does not have to adhere to the same legal standards as any other employer. This is not a winnable situation to be perfectly honest with you. Any attorney that says so is either unfamiliar with the situation, a dumbass, just after your money, or all the above.

 

[biggestmuff]

Is it a family duty of honor to join the Reserves?

 

[jemcam]

Originally posted by: biggestmuff
Is it a family duty of honor to join the Reserves?

Please explain what that is supposed to mean. Are you somehow implying that reservists and guard members are sacrificing life and limb less than their active duty counterparts?

 

[AstroManLuca]

Originally posted by: jemcam

Originally posted by: biggestmuff
Is it a family duty of honor to join the Reserves?

Please explain what that is supposed to mean. Are you somehow implying that reservists and guard members are sacrificing life and limb less than their active duty counterparts?

It means biggestmuff is a known troll.

 

[Mursilis]

Originally posted by: jemcam
You're not going to get disability in a training incident unless it can be proved that the Gov't did something negligent. If you broke your ankle on something like an obstacle course, that's not negligence.

That's baloney. Maybe you won't get military disability, but you'll definitely get VA disability if you were injured in a military training incident, unless you were engaged in willful misconduct (high on drugs, drunk, etc.). You NEED NOT demonstrate negligence on the part of the gov't. This is true regardless of whether you were an active duty member or just a reservist.

 

[Mursilis]

Originally posted by: SarcasticDwarf
I also doubt they will offer to have the basis be medical. The problem with them doing that is that the medical reason was something that occurred in the line of duty and was not a pre-existing condition. Because of that I should qualify for disability, which means I need to be med boarded.

I do not know much about disability assigned by the military for active duty personnel, but I'm familiar with the VA system, and you don't have to go through a medical board to be eligible for VA disability. There's simply no such requirement.

 

[EagleKeeper]

The injury has to be documented in your medical records.

After that point, you will have access to the VA system as needed later on in life. Just make sure that it is properly documented.

Contact the local chapter of the DAV if needed.