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I am a new military medical provider (<6 months of

I am a new military...
I am a new military medical provider (<6 months of practice), field grade officer. I was served with an abeyance to practice several months ago pending the outcome of a Quality Assurance Investigation (AR 40-68). Throughout the process I have requested and been denied any information regarding my case. I have only been involved to meet with the Investigating officer and provide my statement.Several months later I was taken into custody and investigated by CID which they quickly noted was unfounded for alleged sexual assault. Even though I was verbally told the case appeared to be unfounded, I was subjected to a body search, locked in a room, and processed in the CODIS system, I was told to remove my top and had photographs taken of my marks, scars, and submit DNA, all of which seemed to be non-optional at the time and told I could request for this data to be expunged at a later date.I had requested a right to respond to any adverse or negative information that is discovered by the investigator and was denied this information and told not to have contact with the investigator by the hospital SJA.My company commander was not made aware of my situation until several months had passed. Recently I was told I will receive a GOMOR and referred OER for actions I maintain were initiated for clinical purposes. I was told by my company commander they would have and should have had a 15-6 investigation and it was suggested I meet with IG to explore these violations of procedure and regulation.From my limited review this entire process violated over 12 Army Regulations and denied me appropriate procedural processes and rights. I have been and continue to be denied basic and essential information regarding the case and have been limited to providing a statement and apparently receiving punishment.
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Answered in 27 minutes by:
3/23/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
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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I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 4 months ago
What course of action(s) are available to me as an Active duty Service member in this scenario?

You can use Art 138 UCMJ. If you believe you are being treated unfairly? Art 138 UCMJ provides a path to redress

An Art 138 UCUM 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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Customer reply replied 4 months ago
Thanks, ***** ***** been contemplating this course of action and hoped to not have to use it, but I appear to be out of options.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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