Hello I have 12 years of service, I have broken time. I served in the Marines as a helipcopter mechanich and in the national guard as an infantry man and then again in the marines as a helicopter mechanic. I was diagnosed with ptsd 2 years ago and have deployed twice since then. I was recentlyt given oreders to a unit that is getting ready to deploy and I asked the mental health doctor to put me on a Med board because my simptoms are out of control. I need help and this unit is not in a position to help me due to their current status. on top of my ptsd my body is also giving way, i have a bad knee and a painful back and now my left wrist is in constant pain. i can no longer perform at the levels i am acustomed to and it is eating away at my morale. I do not like coming in to work and it feels like everyone even the junior guys are looking down on me. I need help but I don't know where to turn.
State/Country relating to question: California
I have gone to counseling and I am currently under a heavy medicated regimen prescribed by my psychiatrist. the medications help in some aspects but not others and my psychiatrist tells me to give it time but i feel that time is not a luxury i have.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Have you voiced your concerns to your commanding officer? If so with what result?
He is aware of my psychiatric condition and told me that he would do what ever he could to help me. However I do not deal with the CO on a daily basis and the people making important decissions that affect me are not as reasonable as would be the CO.
ThanksActually the CO is the one you need on your side.If you have medical issues that limit your ability to function in a combat environment, the Battalion Commander is the person who can help. The battalion commander can request a MEB be started. The battalion commander can release you from your obligation to deploy (if there is medical evidence that indicates you are not fit to deploy)So if the battalion commander is willing to assist, I would ask that he request a MEB.Now...if the commander will not help you and your doctor will not help you, and you feel they are not treating you fairly, you do have recourse under Art 138, UCMJ. This article is designed to assist service members who have been wronged. So if you feel your commander is not treating you fairly, you can put your concerns in writing, make sure to reference Art 138, UCMJ, and had the complaint to any commissioned officer who will forward it up the chain of command to the general for investigation.BotXXXXX XXXXXne: your battalion commander is the one who can help you solve this...I would focus on a request to him for help.
the psychiatrist started the med board, I am currently on limited duty and I am not world wide deployable but I am still attached to a unit that is heading to afganistan in about a month. I feel so taxed, I do not want to be attached to a squadron due to the up-tempo but i have no idea what my choices are. at this pint i am looking for a way out and so far i have come up with nothing.
I note you gave a negative rating for my answer. Not sure why...the information I supplied was accurate. Not what you wanted to hear, OK...but accurate none the less.As for your additional question, if you are not deployable, then your battalion commander is the one person who can make sure you do not deploy. Again, you have the ability to file an Art 138 complaint if you believe the commander is not treating you fairly.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).