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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am pending separation from the Army, and was directed to

Resolved Question:

I am pending separation from the Army, and was directed to complete the separation physical exam earlier this month. Today I was told that I am not supposed to participate in any kind of training that involved physical exertion including physical training and field exercises, but was not provided a regulation or policy.

Is there such a policy? If so, where may I find it?

Thank you.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Sorry, not sure I understand your question...who is telling you that you can not participate in training??
Customer: replied 9 months ago.

It was by word of mouth from someone who has also been through involuntary separation from the military.

Expert:  P. Simmons replied 9 months ago.
Thanks

There is no such policy. There is no AR that limits a commander's ability to accomplish his or her mission.

So whomever told you of this policy was mistaken

It sounds plausible...that is, it makes some sense that after a soldier has completed his physical you do not want to take a chance of injury. But the fact is that a soldier can be issued any legal order, including orders to train, work, heck, you could be ordered into combat (if you were in theater) despite the fact you went through the physical.

If you were injured, you would be able to either

1. Request for the physical to be ammended based on the injury

or (more common)

2. Go to the VA and they can provide treatment and compensation for any injury in service


I am very sorry to have to bear bad news.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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