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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32818
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am currently in Afghanistan and have exhausted all means

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I am currently in Afghanistan and have exhausted all means for me to get my knee fixed or better I have gone through all the steps from sick hall to wrc and to role 3 where they wanted to pmr to Germany for an MRI the pa under the command we fall under had lied and said that I was getting better and I didn't need to go anywhere when he never even evaluated me till I got congress involved and now instead of moving forward I'm doing another 4 weeks of physical therapy and all it is doing is giving me range of motion and strengthening my leg but the pain is still there and still walk with a limp I feel after these 2 more weeks of physical therapy that I won't get the further medical care I need and I feel if I stay here ill be hurt worse and feel reprocussions of me going to the congress and that ill fall deeper into the rut I'm already in and I'm to stressed out about all this and it's just to the point where I'm burnt out trying to get fixed because no one seems to care now I received the letter back from the army liaison and it seems like another person is lying trying to use me being in remedial pt to justify that I am trying to fake this injury which I'm not and to make me look like a liar I do have witnesses from when I did hurt myself and witnesses to prove that I did not hurt myself doing remedial pt please help
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

It sounds like you have nearly exhausted all avenues...can you tell me what happened with the congressional complaint?
Customer: replied 3 years ago.
The congressional complaint just seemed to make things move faster and it seems they can't do much more until the 4 weeks of pt is over and done but now I know things will trickle down hill and I didn't want for my command to feel reprocussions but it has gone that way and now I have been harassed from my plt sgt saying the way I took things was completely out of order and I didn't need to congress I did it for the mere reason I was not getting the medical care I needed and now there at a stand still and they can't do much till these 4 weeks of physical therapy up
Thank you

And that makes sense....that is, if they have to run PT before they can take the next step, then it seems you need to run PT.

So what is your question at this point? What is it you want to accomplish?
Customer: replied 3 years ago.
I want to know that after physical therapy since I feel I exhausted all I could do to try and get the medical care I need that if they try and keep me here in the same pain and doesn't further treat me and congress doesn't do anything is there any other way I can take this to get the right medical care from military law side or any other way if they don't do the right thing i have gone through chain of command and congress and I'm not quite sure what other things I could do
MIlitary law is not on your side here. That is, the law allows the military to keep you deployed, despite the pain you are experiencing.

That said, if the PT does not work, and you still feel your commander is not treating you fairly? You do have one more course of action you can use.

It is called Article 138 UCMJ.

Article 138 is one of the most powerful rights under the Uniform Code of Military Justice (UCMJ), but it is one of the rights least known and least used by military personnel. Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made and a superior officer must "examine into the complaint."

Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer.

The process is put your complaint in writing, make sure you mention Art 138 UCMJ, and hand to any commissioned officer. They will forward the complaint to the General officer in your chain of command who will investigate.

Now...they General is not required to grant your request.

But they are required to investigate your complaint. And if they find you have been treated unfairly, they will take action.

So if the PT does not work and your battalion commander refuses to help you, I would consider filing a Art 138 Complaint.

Please let me know if you have more questions...happy to assist if I can
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