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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13560
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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If a Soldier is hurt while on active duty orders (title 32

Customer Question

If a Soldier is hurt while on active duty orders (title 32 or title 10) the National Guard/Army are to keep them on orders while they heal or are put through a MEB/PEB board to determine fitness for duty. That is NGB regulation 09-009 and there is a corresponding AR..good luck getting them to follow it though. My husband was injured while on 4 1/2 year consecutive back to back orders and they are trying to shove him out the door with nothing after 26 years of service. Nice, huh?
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Can you tell me your question please?
Customer: replied 7 years ago.
Basically how they are getting away with doing this to soldiers. How if a Soldier is injured while on ANY type of orders they are required to MEB/PEB board him or put him on medical hold PRIOR to REFRAD according to NBG policy, yet the States (NC is notorious for doing this) are cutting their orders under the guise of them being "self-ending" orders. Yes they are self ending orders and they don't have to be renewed, UNLESS the Soldier is injured while on the orders. Then it's a whole new ball game. Who do you tell to get them to follow the rules? We've tried the IG who says he can't force them to follow the rules, he can only offer guidance. He's not eligible for INCAP because his orders were longer than 30 days and he's supposed to be in the 25 day range or covered by the above policy. ADME denied his first request b/c he doesn't have a "plan of treatment" - meaning he doesn't have regular dr. appts, simply a follow-up at 2 months, 6 months and a year to ensure that the bone is fusing to the steel plate - not much they can do to speed that along. We are appealing given the fact that we have no other options and the Guard is pretty much dumping him on the street with nothing after 26 years and 4.5 of the past year on FTNGD-MA orders. How are they getting around the REFRAD policy and who can make them follow it?
Expert:  P. Simmons replied 7 years ago.
What do you mean dumping on the street after 26 years? How many active years does he have and how many "good years"...26?

Customer: replied 7 years ago.
He has 26 combined..10 total active, the rest Guard time. He has been dumped off his orders - they refused to renew him based on his non-deployable status, yet they put him back to drilling status and won't MMRB him. They were his civilian job. The only reason they didn't renew him was because he injured his neck while ON orders. If a civilian employer fired an employee because of injury sustained while at work, they would be in major trouble, yet the Guard is being allowed to do this.
Expert:  P. Simmons replied 7 years ago.
OK...well, if he has 26 years he is vested...he can retire. Are you saying that they will not let him retire?
Customer: replied 7 years ago.
Why should he retire? The question is HOW are they getting away with refrading him PRIOR to him healing? They injured him. Why should he retire and walk away with nothing right now when they owe him a paycheck while he recovers? If he retires, he waits until his 60's to receive any benefits and no health care. He can't work a civilian job right now b/c he's a police officer and they are normally required to be able to lift more than 15 lbs. and move their neck freely. The question isn't whether or not he can retire, it's how are they getting away with denying benefits that DOD and AR provides? They are entitled to heal from any injuring aggravated or incurred while on duty or to be process through the DES. They are not doing that. What do we do to ensure that they are?
Expert:  P. Simmons replied 7 years ago.
I will opt out and let someone else try and assist. Best of luck

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