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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15590
Experience:  Lawyer and current JAG officer.
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I am in the Army and am scheduled to move to Korea on 14 June

Resolved Question:

I am in the Army and am scheduled to move to Korea on 14 June 2013. My question is, I just had surgery on my back 3 weeks ago and the surgeon has not released me yet to go to Korea. He is saying I need to wait 3 months to finish the follow up appointments and also due to the high risk of re-herniating my disc but the Army is forcing me to go against the doctor's orders. Can they legally do so?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Yes, they can. All your doctor can do is give recommendations to military commanders. Doctors are not commanders and have no legal power to bind a commander in any way.

 

I know this is no consolation to you, but if you are re injured based on your command's decision to require the move, that would be a decision that would be heavily scrutinized and that commander would likely see his future career harmed by that decision.

 

Unfortunately, that is the law works with command discretion. It can't be questioned up front on issues like this, only after the fact.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15590
Experience: Lawyer and current JAG officer.
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