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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18808
Experience:  Lawyer and current JAG officer.
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My daughter started basic training February 10 2015 she was

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My daughter started basic training February 10 2015 she was sent to Fort Leonard Wood. During basic training she was injured but was not allowed to heal her injuries properly. she completed all of her basic training except for the last PT test because she had to stress fractures and severe bursitis. Three days before graduation she was told by her commander that she would be chaptering out under chapter 11 that this chapter was not a bad chapter it was for her to come home and heal for 6 months. However after I research this chapter is not a chapter that allows the soldier to get medical benefits in addition to that the chapter states that the soldier has to have three written counseling on file and a JAG attorney present. she only had one counseling and it was not passing her last PT test. She was never provided with an attorney or was never explain accurately what chapter 11 meant. We went to IG and reported this the chapter was reversed and she was sent to the WTPR program to he
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

An entry level performance separation under Chapter 11 would not stop someone from getting VA assistance for a service connected injury. They just couldn't get overall medical coverage. So, I think you've got some bad information there.

For her to be able to fight this, she has to complete whatever separation process the Army is going through, making her written complaints during each phase of that separation. She hasn't been in long enough to be entitled to a board hearing, so there really isn't any forum for her to argue at right now. Unfortunately, her real ability to fight this takes places after she is separated. She can then file a DD Form 293 with the discharge review board, a separate entity that reviews separations for legal sufficiency and injustice. There she could get a discharge status overturned and, more importantly, her reenlistment code overturned so that she could go to basic.

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