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Our Daughter is in the Air Force. She went to BMT August 15…

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Our Daughter is in the...
Our Daughter is in the Air Force. She went to BMT August 15 2017 and graduated on October 5 through 8th 2017. She also completed airmans week October 15th. She entered med hold on October the 16. She is considered HOA (Holdover Airman Med Hold) her rank is an E3. Week 2 or 3 while at BMT she had two girls fall on her and she injured her ankle. She reported it to her MTI. The MTI asked her if she wanted to go to med hold my daughter did not want to because she did not want to take the chance of getting recycled, she pushed through the pain. She did see what they call viper they had her do some biking. While in Med Hold they have done an MRI found a stress fracture and a torn ligament and a tear in another ligament. Now they are talking separation. She does not want to get thrown out, she knows security forces is now out of the question. The physician is saying stay off of it for 4 to 6 weeks with no talk of surgery. The physician said its not that bad but the physical therapist said look at it, it is bad because it is still swollen and black and blue. She is told stay off it with crutches. They are telling her that it is a recurring injury but it is not. She was injured at BMT and it never had time to heal. She was not able to initially be cleared to take her WOT 4 PT test. But the Viper cleared her on Friday before BEAST. She gave it all she had on Saturday to pass the PT which she did. Her MTI almost stopped her on her last lap because her ankle was so swollen. But she let her push through. So while at Beast week it continued to bother her so she was sent back to the dorms. So the case worker is telling her it is a recurring injury. And this is what might cause her separation if the ankle isn't healed within the 4-6 weeks. She has done everything the Air Force has asked of her with honor and her MTI's and other officers who have watched her have given her nothing but praise. This is all new to us and we just want to know what her options are if any. I thank you for your service now and while serving our country. We look forward to any help or thoughts you may have!!
Submitted: 9 months ago.Category: Military Law
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Answered in 4 minutes by:
10/20/2017
Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,336
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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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 9 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the AF can separate her, despite her opposition?:

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Customer reply replied 9 months ago
ya, who should she talk to so she can have someone in her corner to help fight this. do they have grounds to separate her? Its my thought they are responsible for her injury, She is under there care. if her injury does not get better and they don't do surgery, I wouldn't think they can just separate her. we are just at the beginning stages of all this
Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago

I agree that they are responsible...are they processing her for a medical evaluation board?

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Customer reply replied 9 months ago
most likely after the 4 weeks. we are just trying to get ahead of this. we should know more next week. would we be able to talk to you then on the phone when we here more? any help now would be great. If they do the MEB what would be our next step and so on!
Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago

Yes...a phone call would be a great idea...much easier than typing

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Customer reply replied 9 months ago
But would they agree that they are responsible and she only gets limited phone use, so when we know more we can call you. that would be good. is there anything we can do until then or not?
Military Lawyer: P. Simmons, Military Lawyer replied 9 months ago

I will send the offer..we can speak tonight...and later again if you need (no additional charge)

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