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Can I be forced to participate in Army Combatives practice.

Army Combatives is the wrestling/...
Can I be forced to participate in Army Combatives practice. Army Combatives is the wrestling/ grappling on the ground with each other in the gym. I have previous injuries from doing this. I spoke with my assigned PA ( doctor ), and he said I should not being doing it and said I don't have to do it. I don't have anything in writing from him and I don't have a profile about the injuries. But I do have medical records about going to the hospital and talking to the PA/ doctors about the injuries. Can I decline to participate if I feel it might cause me further bodily harm, if my Commander insists I do it? Can I be subject to UCMJ for refusing to participate, if I feel it might cause me bodily harm?
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Answered in 3 hours by:
3/6/2014
US_JAG
US_JAG, Military Lawyer
Category: Military Law
Satisfied Customers: 58
Experience: Military prosecutor and defense counsel. AdSep Boards, Courts Martial, NJPs, records corrections.
Verified

USMC_JAG :

Hello, I am an attorney with 6+ years of experience as a military prosecutor, defense lawyer, and command legal advisor. I will be answering your question today.

USMC_JAG :

You can be ordered to participate in command physical training, to include Army Combatives practice. It is a lawful order. If you believe you are going to be injured by doing the training, you need to go to medical and get a limited duty chit that indicates your inability to participate. So far, you have done the right thing by going to the doctor. You really need to go back and get in writing on a chit that you are unable to do the training. Oftentimes, they'll only give you a chit for a limited period of time, and then you would have to go back and get re-evaluated.

USMC_JAG :

Although I have not answered your other questions, I have read what you previously asked on this site. It is obvious that your command has put a huge target on your back and is looking for an excuse to punish you or separate you with an undesireable discharge. I have had dozens of clients in your situation, and the best advice I could give them was to keep a low profile. I know it's not easy, especially when members of the command have it out for you, but it's really important to have all your ducks in a row. In this case, it is important that you have a letter from the doctor so that there is no question that you are unable to participate. If they deny you the ability to go to medical prior to training, you can always submit an IG complaint (perhaps this was in your last IG complaint, I'm not sure). But my best guess is that they will let you go to medical at some point prior to the next Army Combatives practice if you ask ahead of time.

USMC_JAG :

BotXXXXX XXXXXne: if you refuse to participate in training that you have been ordered to do, yes, you can be held subject to the UCMJ for violation of a lawful order. If you have an injury that keeps you from participating, then you need to get back to medical and get it in writing so that you are protected. If you show up tomorrow and they demand that you do it, you need to explain your injury and say that you have to go to medical. Be firm but polite. They will probably let you go to medical. If you are not currently injured but just worried about getting injured doing the training, then without a doctor's note they can make you do the training. It's really important you get it from the doctor.

USMC_JAG :

If I have answered your question, please take a moment to leave positive feedback. I know it is probably not the answer you were looking for, but I really don't want you to get in trouble when they seem to be targeting you so much and just looking for an opportunity to get you. I wish you the best of luck.

US_JAG
US_JAG, Military Lawyer
Category: Military Law
Satisfied Customers: 58
Experience: Military prosecutor and defense counsel. AdSep Boards, Courts Martial, NJPs, records corrections.
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