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Good Morning, I have...

Good Morning, I have a question similar to one I already saw on your site what is the minimum time between record apft and what ar covers it?
I am being flaged for a suprize apft (i just injured my knee a few days days prior to beeing told) I pased one in june it is only aug.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I spoke with my Platoon SGT and he stated the Commander wants the PT test done, so it will get done If we do not participate we are considered a PT failure and flagged

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Apologies, i just copied and pasted the question so a few of my details are different. I took and passed a record APFT in July..They are giving us a record tomorrow and they did not inform the unit until 8 days ago

Submitted: 7 months ago.Category: Military Law
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10/6/2017
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,159
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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

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Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

I am sorry for this dilemma. But not sure I understand your specific question. You want the AR that governs the APFT?

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Customer reply replied 7 months ago
No sir. I am aware of the AR that governs the APFT. I am asking is it legal for the unit to force you to take a record APFT if you have taken and passed a record APFT within the last 6 months? I took a record APFT in July, and due to family obligations and school I have not been able to maintain my regime. Per regulation I do not have to take a record APFT again until January to fullfil my obligation of 2 tests annually. I was told 8 days ago by my chain of command that if I fail to participate tomorrow or if I fail then I will be flagged. How is that possible if I am in compliance when it comes to the APFT?
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

The commander has discretion. That is, your commanding officer has discretion on when they administer the APFT. And they can require you to take an APFT when they believe appropriate.

So they can require you to take this upcoming test...because they are in command, they have discretion, and there is no regulation that prohibits them from giving this order.

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 they can not order you to take this test tomorrow...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.

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Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

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

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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