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Recent Convalescent Leave questions

I am currently in OSUT at Fort Benning, GA. I have a

I am currently in OSUT at Fort Benning, GA. I have a reoccuring fracture in my right tibia. After 6 weeks and 2 weeks of Convalescent Leave the fracture is only showing more prominently in X-rays. The training environment I am in is not suitable for my injury, and I believe it is fairly obvious that my enviorment is not one that promotes healing, of my injury atleast.I am stuck on profile for months, unable to further training, and unable to heal.So, my qeustion is as follows:1: What discharges are open to me without a Return To Duty?2: Which of these discharges is the fastest on average at being proccessed in my situation?3: How do I go about getting my seperation packet started?

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Allen M., Esq.

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I am going into surgery next week and have been granted

Hello. I am going into surgery next week and have been granted convalescent leave for 28 days, but my Commanding Officer wants to make sure I'm set up to work while on convalescent leave. I'm trying to find if I would be violating any instructions/policies and possibly be at risk for any reprimand action for doing so.

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P. Simmons

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Hello, my son is currently in the Army basic training at Fort

Hello, my son is currently in the Army basic training at Fort Benning, GA. He has incurred some serious injuries from his basic training regiment. He has (4) femoral stress fractures. They sent him home on a 30 day convalescent leave and when he returned he was still not recovered sufficiently to start back up in training. They pulled him from his original battalion and moved him to a temporary recovery unit for another 3-4 weeks. He was sent back into basic training with another unit and only lasted a week or so and the injures were still not recovered enough to continue. They have pulled him again and he is getting conflicting information from different people on he base. They have talked about a possible medical discharge or an "early separation". My son had NO prior medical conditions before he went into basic training, he did not play sports as a kid and has never had ANY issues medically. I am concerned if he is medically discharged what will happen to him? He will need medical care...will the Army provide this? He will probably have a disability to continue working in other fields as a civilian as he can't even stand for more than 15 minutes...is there disability available to him? What are the ramifications of an early separation versus a medical discharge? I feel like he needs some legal help so he can make the right choice for his future. He would love nothing more than to continue in the Army, but I am not sure if he leaves ow if he will have the opportunity to re-enlist at a later time if he can fully recover. I am also feeling that if the Army broke him then they need to take care of him (medical coverage and compensation for disability/injury) and help him figure out what he can do for the future.He needs to know what his rights are ASAP before he is bullied into making a choice without any realistic information. Please Help!Vicki

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
Dear Sir, My daughter is in Air Force (4 1/2 yrs) stationed

Dear Sir,My daughter is in Air Force (4 1/2 yrs) stationed at Ft Gordon Army Base awaiting PEB decision for unfit conditions from serious auto accident off base 04/13. Not her fault. Other party rear ended her. She Just had VA exams for ptsd, tbi, diplopia(double vision), MRI shows brain lesions, headaches, dizziness, lumbar injury, cervical injury, also suffers from post concussion syndrome, etc. VA docs were helpful and wrote favorable C and P progress notes for her injuries, issues and conditions. Need clarification in how DoD pay and VA pay work? It seems her PEBLO placed her on the back burner since she is several hours away...and when she communicates it's usually a short email of no valuable, helpful information.Questions:1) she is awaiting decision now. If she receives 30+ percent from DoD, can she decline that and elect VA disability and still receive blue card, commissary, tri care etc?2) do you know of very good counsel who can help her with advice! Possible Representation? Etc.3) would you be willing to advise her or represent her, if possible?Thanks very much!AF Veteran Dad Who Loves and is Trying to Help His Daughter

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P. Simmons

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Hi there. My fiance and I are both in the Navy, when we started

Hi there. My fiance and I are both in the Navy, when we started dating he was my workcenter supervisor, in the same command. I learned that i was pregnant and the command decided charge us with fraternization. We lied, i was transferred, and the case was dropped. Unfortunately, he got in some trouble while on deployment and it came back up. He admitted to lying about us, went to captain;s mast, and received his punishment. He just informed me that they are sending a correspondance to my command, not sure what it says or anything. My question is what actions can/will they take against me? I never wrote a statement or anything, im 9mos pregnant now, and my eaos is less than 2 months away. Can you offer any advice?

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P. Simmons

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My son is currently in PTRP (Physical Therapy Rehabilitation

My son is currently in PTRP (Physical Therapy Rehabilitation Program) at Fort Jackson. He developed stress fractures in his hips about a month into BCT. He was sent home for a total of 60 days convalescent leave and has been back there for about 6 weeks. Last weeks' MRI showed that he may be re-injuring his hips (I think he started training too much too quickly). The doctor recommended a 5-17 discharge, told him to go home and work out his lower body for 6 months and re-enlist. (I know this will require a waiver to re-enlist and those are nearly impossible to get right now). My son wants to be in the Army. He doesn't want to go home and has really been trying to do what he can to heal. After his Dr. appointment, he spoke to his Drill Sergeant, told him he doesn't want a discharge and his Drill Sergeant convinced the Commander to let him stay and continue healing. My question is, if they decide to give him a 5-17 discharge for this, will he be able to get any benefits - specifically health coverage for his hips and access to any educational benefits? He has never broken a bone or really had any injuries in the past. This is what he wants to do and he's fighting for it, but he's nervous about what may happen if they won't keep him and allow him to fully recover so he can resume training. He has been on active duty for about 5-1/2 months now.Any advice would be great. Thanks!

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
Hello, my name isXXXXXve served in the navy

Hello, my name isXXXXX served in the navy since Nov 9th 2010, just over two and a half years. I am a third-class petty officer who if not going through an Admin Separation would be putting on second class. I advanced this past cycle but am being told they will probably not give it to me despite whatever length of time it takes me to process out. Is this a violation of my rights?I also have a lot more questions. The significance of my separation I believe is being written as either a failure to adapt or mental health case, not quite positive as no one is keeping me informed. This is partially due to a recent break of my collar bone that has postponed the process while on convalescent leave after surgery. Another question would be does this break qualify me for disability? Also, What type of discharge would this qualify as and would I qualify for any percentage of my GI bill or at least what I paid into it?Nobody is being very forthcoming with information and I do not know what questions I should be asking or who I should be speaking with and am looking for direction. I really do not want to be given the run around and suddenly be withheld something I was actually entitled to.Your help is very much appreciated.

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P. Simmons

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I brought potential misconduct of a DA Civilian in my unit

I brought potential misconduct of a DA Civilian in my unit to the attention of my higher command. During the research of my findings, my higher found separate, minor issues against me. Now I am a respondent and flagged in the informal 15-6 investigation which both issues have been rolled into one. The flag is preventing receipt of my PCS orders (I am an AGR Officer) to my next assignment and also inhibiting the scheduling of my household goods shipment and clearing my resident prior to the closing on the sale of my house. I was not notified of the flag and found out from through a third party 14 days after the flag was initiated, I've yet to be formally counseled for the matter and the complete details are being kept close hold by my higher command. Despite this, I have cooperated fully in hopes of a quick resolution, but the DA Civilian is out on convalescent leave and has refused to give a statement until her return to work. This has pushed the IO suspense date back 45 days, further impacting my family with additional emotional and mental stress/anxiety and posing the potential for substantial non-reimbursable personal expenses to vacant our home.My questions are:1. Should a Soldier be flagged during the informal 15-6 investigation?2. Can the investigation be held up to convenience the principal wrongdoer? Once notified by the Investigating Officer, an individual should elect to either give a statement or not, regardless the investigation continues based on the evidence, correct?3. My higher command would have never been aware of the wrong doing had it not been for my notification, but it appears that I am being punished more so than anyone else in this matter. What are the whistle blower protection options available to Soldiers?4. As I see the issue, it's two separate components. Is there an option to find judgment separately, in order to resolve my issues versus the charges I brought to my higher against the DA Civilian?5. Understood that you don't have all the details/facts of the case, but would I have a potential complaint to file with an IG office for prejudicial treatment?

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P. Simmons

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Hi! I am currently in the Naval Construction Training Center

Hi! I am currently in the Naval Construction Training Center "A" School. I am being separated for a medical condition and I already got a separation letter which would separate me within 10 days. However, I am being charged with UA for using a convalescent leave that was not authorized. I left the base thinking that my convalescent leave is authorized but as soon as they called me, I had my family bring me back to the base. I went to DRB today but they did not listen to me so they elevated my case to XOI. My question is, I'm leaving in a few days, what's gonna happen to me? Will I get an ART 15 before they let me go?

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P. Simmons

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