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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Military Law
Satisfied Customers: 16276
Experience:  Experienced Licensed Attorney
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My son was in Basic Training at Fort ***** *****. He was

Customer Question

My son was in Basic Training at Fort ***** ***** Wood. He was sent home after 6 weeks with multiple stress fractures on both feet and both knees. His injuries were not as a result of pre-existing condition. He rolled his ankle while carrying a 60 lb pack. It was 2.5 weeks till they finally did a CT Scan. He was treated very, very poorly before they finally ran the test showing his injuries. Before sending him home they offered him a medical discharge. He said no, but now regrets that decision. He flies back to FLW in two days. Options? Legal Recourse?
JA: Thanks. Can you give me any more details about your issue?
Customer: My name is***** Son in the Army is Matthew.
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Submitted: 7 months ago.
Category: Military Law
Expert:  Alex J. Esq. replied 7 months ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice /legal service you should contact a local attorney.

Unfortunately, once a person enlists into the US Army, the person waives any legal right to pursue any claim for injuries sustained during training or military service and the only option is to be either medically discharged or to be declared disabled by the military, which would entitle the military person to collect military disability pay while recovering from the injuries (unless the injuries make the person permanently disables).

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 7 months ago.
I was not thinking of fighting for disability compensation, rather, seeing get if there was any other option than him reporting back this Friday. He was treated so poorly after he was injured that he is panicking at the thought of going back.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Unfortunately, there is generally no other option, other than to have another medical evaluation to determine if the enlisted injured soldier is not fit for duty and can obtain medical discharge.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 7 months ago.

Please let me know if you have any related follow up questions?

Thank you.

Expert:  Alex J. Esq. replied 7 months ago.

Please let me know if you have any related follow up questions?

Thank you.