Feres Doctrine Questions
What is the Feres Doctrine?The Feres Doctrine prevents claims against the federal government by individuals that are part of the military and for those individual’s families for injuries that come from or happen while the person is serving time in the military. The U.S. Supreme Court came to an agreement in 1950, in Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152, that the federal government could not be held responsible under the statute known as the Federal Tort Claims Act (28 U.S.C.A. §§ 1291, 1346(b), (c), 1402(b), 2401(b), 2402, 2671-80) for injuries to members of the military that came from the active duty while serving time.
If a serious knee injury occurs on an air force base; who should be notified of this injury?The person will need to contact legal assistance to review the Federal Torts Claims Act process for the specific base that the accident occurred at. The person has a time frame in which the claim is to be made. If the person is a part of the military then the person can’t file sue on the bases of the Feres Doctrine.
If a person wants to take a military course even though re-entry into the United States Army has been denied; is there any other course of action that can be taken to get the military to pay for education?If the military is not voluntarily paying for a person’s education it is probably because the person has not served the term and not has completed the task that the military expected out of that individual. The person can’t make the military services pay the financial aid that the person needs for education. If the person has changed the re-enlistment code that was given; the person will be able to be granted financial support. If the person wants to attempt to file claim for not receiving money from the military; the case could be taken to the court system.
If the Army wrote a person’s contract incorrectly when that person withdrew from Reserves Officer Training Corps, can the person sue the Government for breach of contract, or force the Commander to discharge that person?The person will not be able to sue the United States Government. The Feres Doctrine makes all lawsuits by military officials relating to problems while services impossible to be handle. The military has the authority to prevent people from creating contracts for the military services to make a decision and having a representative that tries to help in seeking actions towards the military. A military solider can’t demand a commander to release them from the army. It is up to the commander to make the decision as to whether the solider is to be released or not.
What can a person do if the person was involuntarily discharged from the military with a general (under honorable conditions) separation. Can person sue for damages? Can person get reinstated?In order to ask for reinstatement into the military; the person will have to stand before the Board of Corrections for Military Records to describe what are the reasons that could have caused the person to be removed. Also, the person will have to persuade the board as to why the person should be given another chance in the military. The person can begin the process at: http://www.archives.gov/veterans/military-service-records/correct-service-records.html. The person could consider obtaining legal assistance to help the case that the person is attempting to make.
While serving in the military there are many issues that may occur. There may be injuries, illnesses, discrimination and other issues that seem to affect military officials in the service. The Feres Doctrine prevents lawsuits for actions that happen while on duty; many people may have questions as to what the Feres Doctrine prevents and what it allows to happen. Experts are here to examine every question and give people the answers that they deserve.