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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34941
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son fractured his hip in Basic Training, took con leave

Customer Question

My son fractured his hip in Basic Training, took con leave and rehab, he was cleared to go back to BT, 3 weeks after going back to Basic Training the same injury is back. How long are they allowed to keep him before he is discharge. It has been 4 weeks tomorrow and he is still with his platoon, and has not seen a Dr. since 7/5. I am worried as I have read many not so good things about Fort Jackson, and medical discharge.
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 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 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the Army is required to separate him for this?

Customer: replied 2 months ago.
No I'm asking how long are they able to keep him in limbo. They said he needs to go before some board, but we've know he was being discharged for almost a month and nothing has been done to move him toward getting him out of there.
Expert:  P. Simmons replied 2 months ago.


They can...they are able to "keep him in limbo" other words, since he is under contract? They can hold him (force him to serve the term of the contract).

The "board" you are referring to is actually a VERY good thing. This board is required to determine if his injuries are caused by his service (that seems clear) and needed BEFORE they can medically retire him (which seems where this is headed)

But there is no rule or law that requires it be done in any particular timeframe.

They could hold him his entire contract.

They will not...they will run the board. It may take 6 months...perhaps a bit more. But it will not take his entire enlistment contract

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 2 months ago.

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

I would appreciate if you would rate the answer.

Thanks for your understanding