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.