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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34529
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband is in the process of Med Boarding. He has a not

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My husband is in the process of Med Boarding. He has a not fit for duty memo and has been diagnosed with some mental issues along with PTSD; takes medications and is required to have at eight hours of sleep per nite. The Sergeant over him says that she can get him kicked out before he can Med Board, so she makes him stay after work just sitting, makes him attend meetings in her place at 5:40AM, tells other people in the unit that he is slow and can't remember anything, and even tells him in his face. He also holds the credit card for the company and she has written him up for saying that he can not do this meaning have the responsibilities of holding the credit card. Which in his paperwork Med Board, the Psy. does not think he can handle his own finaances. Which he doesn't. I think she wants him to curse or hit her so that she can have him put out before he can Med Board. He has documented everything and he has talked to others around him but nothing has been done. How do I help him get some ease? He can not get any better if he has to work in this situation.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, I would recommend your husband go up the chain of command with this.

What you describe, the Sergeant is being unprofessional. If he raises this to her superior officer, they can intervene and ensure that your spouse is treated fairly.

If that does not work? If his commander will not address this, then he can consider filing an Article 138, UCMJ complaint. Art 138 is a very powerful remedy available to soldiers. It lets them raise issues of unfairness up to the commanding general. SO if the commander will not solve this problem, he can make a complaint to the commanding general.

But I would expect a complaint to his commanding officer to resolve this. If he is doing his best to perform his duties, as required by his chain of command, he has a right not to be antagonized. If that is happening, I would expect his commander to correct it.

If the commander will not correct it, then he can file an Art 138 complaint and let the general investigate this matter
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