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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26854
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I hurt my Knee while in the Marine Corps., now i cant run and

Resolved Question:

I hurt my Knee while in the Marine Corps., now i cant run and pass a PFT or CFT, but i can still do my MOS job. what kind of discharge does this merit?
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist.

If you can not perform your duties, including the PFT and CFT, typically you would be separated medically. The characterization would be determined by your record book and would be either honorable or general, under honorable conditions

But this would only happen if you went through a med board. Let me give you some more info on med boards


If you are mediaclly discharged any entitlement in terms of pay and allowances will be determined by a medical board proceeding.

Medical separations are a function of medical officer recommendations, review boards, and command discretion. Here is a link to a decent overall discussion of the process.

http://usmilitary.about.com/od/theorderlyroom/a/medseparation.htm

And two additional sources of information on the process

http://www.louisvillelaw.com/federal/ArmyPubs/Army_Lawyer_PEB_Article.pdf

http://www.louisvillelaw.com/federal/ArmyPubs/Army_Lawyer_PEB_Article.pdf

Physical or mental health problems that are incompatible with military duty or that result in disqualification from world-wide deployment for more than 12 months precipitate an Medical Evaluation Board (MEB). Medical boards are initiated by the Medical Treatment Facility (base medical facility), not the individual or the command, though the commander can request this to happen.

A MEB recommendation is the first step toward a medical separation with potential assignment of a disability rating.

A MEB recommendation is then reviewed by a Physical Evaluation Board. A provisional PEB rating can be challenged as too low with the PEB.

The commander is the key person in deciding if a soldier will stay in or be separated. While the medical board may make a recommendation, only the commander can approve or deny that recommendation...and the commander will make the decision based on the Medical Board information as well as the chain of command's advice.





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Customer: replied 4 years ago.
Ok, well they are making me go thru an administrative seperation because i can still do my mos, and my MOS is really just sitting on my butt. My NAVY doc(cause i dont have a marine one) says i dont rate a medical board of any kind. Keep in mind i hurt my knee IN the marine corps
Expert:  P. Simmons replied 4 years ago.
Why are they separating you? What does the notification that you received for admin sep say?

Customer: replied 4 years ago.
Im getting Seperated Because i can not pass a PFT or CFT. But the reason i cant pass isnt because i dont want to its because of my Knee
Expert:  P. Simmons replied 4 years ago.
Ahhh....that is a different story. How long do you have in? How much time since your last PFT?
Customer: replied 4 years ago.
I've been in for 3and a half years, i have 1and a half left, its been about 2years since ive ran a full PFT. and you say its a different story? Why do you say that? Its a medical issue is it not? Its not an administrative thing is it?
Expert:  P. Simmons replied 4 years ago.
Why is it the doctor says no board is warranted?
Customer: replied 4 years ago.
Because my Knee injury does not prevent me from doing my MOS, which is 6492, Calibration.
Expert:  P. Simmons replied 4 years ago.
OK...well I would start by going back to the doctor and requesting a board. If that does not work, then you should have your commander request one.

The basis is if you can do your job or not, which includes being able to function as a rifleman.

If the commander will not request one, you may want to consider requesting mast up the chain...head over to defense and they can assist with this. If the command is attempting to separate you for not being able to do a PFT and the reason is the Marine Corps has broken you, then you stand a good chance to shut this down and get a med board





Edited by psimmons on 11/18/2009 at 9:37 PM EST
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26854
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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