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My son is currently deployed in Afghanistan with Army 82nd.

He has 3 1/2 yrs...
My son is currently deployed in Afghanistan with Army 82nd. He has 3 1/2 yrs of 5 yr contract, first deployment. He experienced problems on mission. He talked to Chaplin that he has moral reservations about taking a life. He was sent from field to admin JAF and seen by mental health. He is being given non-promotion counseling because of (1) failure to follow instructions/ order and was told to stop waffling and return to infantry or "double down as a CO". He had been in admin for 60 days when counseling came about. Command had tried in that time to start Bar to Reenlist but it was rejected because he had never been counseled. He has requested reassignment but has been told that Command doesn't want to set a precedent for other soldiers. He is being treated now for Stage two hypertension with 2 medication changes in 30 days. He was Stage One prior to deployment un-medicated. He is not trying to get discharged but serve out the contract in noncombatant status. He has informed JAG he will file the CO application. He is sincere in his beliefs which crystallized when he was on the mission. I'm concerned about the physical and emotional toll this is going to take and affect his Hypertension. From my research he doesn't seem to have met the minimum fitness standards to be deployed. Army aware of BP for over a year. Command wants him out and the SGM outright suggested that he fail 2 PT tests and he would work on commander to a general UHC.
My son is not the model soldier (entered at 27 ys after college) and had problems adapting. He has had no disciplinary actions but has been seen by mental health twice.
Is there a path to a medical discharge on the hypertension?
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Answered in 59 minutes by:
10/6/2017
P. Simmons
P. Simmons, Military Lawyer
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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Has the Army started the process to screen him for a MEB (medical evaluation board)?

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Customer reply replied 2 months ago
No. He was moved from JAF to BAF about 30 days ago to help out in supply. His BP was high in JAF (during July- August)then got higher (stage two hypertension) in BAF where they started meds (Calcium blocker & ACE Inhibitor). Two weeks ago had to change meds due to spike in BP 178/102 while on meds causing light headedness, numbness and racing heart (without exertion) . Medical is suppose to check him again on October 9th to see how he is tolerating the new meds. He had problem with eye two days ago and went to have it checked at which time his BP was 149/90 (on meds). I am concerned because his father died at 58 of a massive stroke/ HBP. Command seems to be uninterested in the medical issue.
Here's my research- Even if they could force him back into the field I think there is a plausible case for concern of grave medical outcome and negative impact on mission execution.
Medical Considerations affecting Deployment:
1. Grave medical outcome or negative impact on mission execution (Possible High BP spike and lightheadedness, dehydration increasing BP)
2. Condition is stable and reasonably anticipated not to worsen during the deployment in light of physical, physiological, psychological, and nutritional effects of the duties and location. (MRE high salt content, psychological stress from moral reservations, physiological- lightheadedness, elevated heart rate, numbness in limbs)
3. Any required, ongoing health care or medications anticipated to be needed for the duration of the deployment. Medication must be well tolerated within harsh environmental conditions (e.g. heat or cold stress, sunlight) and should not cause significant side effects in the setting of moderate dehydration. (Side effects with BP and/or medicine with weather conditions in field and dehydration)
4. No need for routine evacuation out of theater for continuing diagnostics. (Your BP dosage needs to be monitored for possible adjustments to medication. Circumstances in the field could exacerbate medical condition.
5. It is determined, based upon an individualized assessment, that the soldier can perform the essential functions of the position in the deployed environment, with or without a reasonable accommodation, without causing undue hardship. (They need to monitor your BP for at least 90 days in a stable environment).“The provider evaluating personnel must bear in mind that in addition to the individual’s duties, the environmental conditions that may impact health include extremes of temperature, physiologic demand (water, mineral, salt, and heat management), and poor air quality (especially particulates), while the operating conditions impose extremes of diet (to include fat, salt, and caloric levels), sleep deprivation, emotional stress, and sleep disturbance. If maintaining an individual’s health requires avoidance of these extremes or conditions, she/he should not deploy.”Hypertension that is controlled with a medication regimen that has been stable for 90 days and requires no changes, does not require a waiver. Single episode hypertension found on pre-deployment physical should be accompanied by serial blood pressure checks to ensure hypertension is not persistent

Thank you

Can you tell me, what is the specific question you have regarding this? Are you asking if the Army is required to send him home?

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Customer reply replied 2 months ago
What is the process he can follow to determine if he qualifies for a medical discharge if the Army will not take any action?

There is no such process. That is, there is no right for a soldier to demand screening for a medical evaluation. Such action must come from the commander.

Period.

That said, your son does have rights.

Specifically, if he believes he is being treated unfairly by his commander, he can file a complaint under Art 138 UCMJ.

An Art 138 UCMJ complaint raises this issue to the Division Commander level. If you file an Art 138 Complaint the Division Commander will investigate and, if they find that the conduct is unfair, they can step in and correct it.

To file an Art 138 Complaint is simple enough. You put the complaint in writing. You make sure to reference Art 138 UCMJ. Then you hand to any commissioned officer. They will forward up to Division for action.

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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