i have two disc in my back that i messed up in my deployment in 08 an 09. i have been toughing it out for the most part until i couldn't take it no more. i have a mri result that says that i have two disc in my back that have minimal disc desication and minimal disc protusion. i have tried toughing out the injury by doing pt and whatever my unit ask me. but when i couldn't take it no more and decided to get it looked at and try and get help so i could continue to do my job my chain started looking at my like i was just trying to get out of doing my job it really aggrivates me that they suggest that. i have been going on an off profile for the last 6 months due to this back issue and now the want to kick me out for malingering if i don't take the next pt test can they do this is this legal
State/Country relating to question: Texas
i dont know what to do i want to try and tought it out so they will quit making me feel like a shit bag but i also want to get better so i won't be messed up my life what steps do i need to take
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Can they try and chapter you for malingering? Sure...but malingering is a very specific charge. Here is the charge:“Any person subject to this chapter who for the purpose of avoiding work, duty, or service”—(1) feigns illness, physical disablement, mental lapse or derangement; or(2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.Elements.(1) That the accused was assigned to, or was aware of prospective assignment to, or availability for, the performance of work, duty, or service;(2) That the accused feigned illness, physical disablement, mental lapse or derangement, or intentionally inflicted injury upon himself or herself; and(3) That the accused’s purpose or intent in doing so was to avoid the work, duty, or service. Note: If the offense was committed in time of war or in a hostile fire pay zone, add the following element(4) That the offense was committed (in time of war) (in a hostile fire pay zone).So...if you are "faking" this? Then they can discharge you. But if not? Not.The good thing, for you, is that such cases are determined by doctors. They would need to have your doctor agree this is malingering. If they do not have that? It is not likely a chapter for malingering would be successful.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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