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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33498
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can an senior active duty Soldier sue the army for a

Customer Question

Can an senior active duty Soldier sue the army for a relieved from position due PTSD (controlled) discrimination? No medical authority was taken into consideration when the decision was made. Note: the Soldier was diagnosed fit for duty by the behavioral health short after the relieve.
Submitted: 6 months ago.
Category: Military Law
Expert:  P. Simmons replied 6 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 6 months ago.

Can you tell me, are you online with me now?

Customer: replied 6 months ago.
Expert:  P. Simmons replied 6 months ago.

Thank you
A few moments please...I will type up an answer

Expert:  P. Simmons replied 6 months ago.

I am truly sorry to be the one to bear bad news. It is not possible for an active duty soldier to sue the Army. Period. The reason for this comes from a Supreme Court case called "Feres v US" where the US Supreme Court ruled that a soldier is barred from suing the military.

SO you can not sue.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 6 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil

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