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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111535
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was injured in a car accident while on active duty title

Customer Question

I was injured in a car accident while on active duty title 10 orders and was put on a temporary P3 profile until I could receive proper medical care and treatment for injuries. Before I could get any substantial medical treatment I was released from active duty one month after the accident and returned to my National Guard unit. I remained in that status until I was medically retired as a result of an MEB three years later but in the intern I could not work and suffered through three years with no pay and allowance and no income from civilian employment because I could not hold down a job due to injuries. According to military medical regulations the Military was suppose to retain me on active duty orders until I was either returned to duty or medically discharged. During out processing from Mobilization orders at Ft. Carson, CO a doctor indicated that I should undergo an MEB boarded I had P3 profile but nothing happened during that process and I returned to my unit. We lost a house, all our retirement savings and was about to filed bankruptcy when the Social Security Administration granted me disability pay, and then the VA rated me at 90% with a pay rate of 100% because of un-employability and than the Army retired me at a 90% rating. So you can see I did have substantial and permanent injuries. As it stands the military owes me about three years (around September 17th 2010 until December 2, 2013) worth of full time pay for the period of time I was mistakenly discharged from active duty until the time I was medically retired. What can I do to bring this discrepancy before the US Army and receive that back pay form the military?
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
The regulation governing this issue is the Army G1 "Department of the Army
Personnel Policy Guidance for Overseas Contingency Operations"
1 July 2009 (Periodic Review)
(last updated 28 June 2011)
UNCLASSIFIED
I was never offered this during out processing at Ft. Carson or from the unit I was assigned to, the CBWTU-UT or the Western Region Medical Command of which this sub unit belonged.Reference: Page 107, Section 7–4. RC Medically Evacuated Soldiers, Paragraph g. Soldiers Incurring Illness or Injury during Mobilization:.
"Soldiers who have incurred an illness, injury or disease, or aggravated a pre-existing medical condition during his/her current mobilization must be offered medical care prior to REFRAD. A military medical care provider will offer veterans affairs (VA) care only to Soldiers refusing entry into MRP. If the Soldier refuses MRP, he/she must sign a declination of MRP statement and be counseled by an individual knowledgeable in MRP2, INCAP and TAMP benefits."
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They should not have discharged you back to your NG unit and you should have remained on compensation while you recovered from your injuries. What is your question that you have for us on this issue?

Customer: replied 1 year ago.
How should I go about initiating a request for that pay I should have received. I was released back to my NG unit, followed up a while later with an IG complaint to both my State and The Western Region Medical Command and both told me the military did not have to place me on any orders whatsoever.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You would need to first file an appeal through your military command. If the command denies your appeal, you have to file a suit in the US Court of Federal Claims in Washington DC and present your evidence to the court there regarding the fact this was an active duty injury that should have been paid for and compensation should have been received for that injury and that the transfer back to your NG unit to avoid payment was improper and against the above rules you cited. This would mean of course getting a military law attorney in DC to pursue the claims in the Court of Federal Claims, but that is your only remaining option if your command refuses your appeal of your claim.

Customer: replied 1 year ago.
ok that makes sense I will do that. Thank you
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

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