I am currently deployed to Iraq, and have 9mo left of my tour. I have major back problems due to a vehicle accident last year at this time. I have been to the doctors out here and they have put me on a P3 permanent profile and have recommended I redeploy back to the states for MEB, treatment, and final medical disposition. My P3 profile states that i am unhealthy for deployment. My unit is being stubborn and they are not complying with the recomendations of the doctors out here. They will not send me home to get the medical attention that i need. I have been told that no one can deny you medical treatment in the military, so i ask are they able to deny me the oppurtunity for redeployment and medical attention back in the states? Is there any way that i can fight them on there decision about my medical issues?
2007-12-23 13:27:44 · 4 answers · asked by speedturtle48 1 in Politics & Government ➔ Military
Your commander is making a big mistake in not listening closer to the medical advise.
The way to resolve this is to file an IG complaint. The IG will investigate and take an objective (and very regulation-based) look at both what your doctors say and whatever reason your commander has for not sending you for treatment.
The IG will make a formal report advising the commander of his/her legal and regulatory standing and also give a copy to you.
The commander does not HAVE to follow the IG recommendation -- but with an IG recommendation saying 'send for treatment' you can then appeal to the next higher level of command.
Speaking of which -- is this your company commander denying treatment? Have you talked to your battalion Command Sergeant Major? Easier to get a sit-down with him/her and go over your profile and what you think than the IG. And CSM's have a way of quietly straightening out wayward CPT's who get overexcited about being hard-corps.
Finally, if all the Army channels fail (CSM, IG, Higher Commander) then an informative letter to your congressman/senator (preferably from your mom -- those go over better than if you send it yourself) with details of your diagnosis and requesting an explanation of why you are still overseas against medical advice can do wonders. Use that as a last resort tho.
Good luck and God Bless!
2007-12-26 18:16:35 · answer #1 · answered by SMBR 5 · 0⤊ 0⤋
Their Recommendation is that, a recommendation. However, you can request your commander & 1st sergeant sign of on your medical - in case something should happen. If they refuse, now you have 2 legitimate complaints. One, you now have the right to see the chaplin, you can make a sworn statement, request to see the IG or see the medical OIC (usaually Colonel), the bird can fix pretty much anything.
2007-12-24 13:55:04 · answer #2 · answered by Mephisto 5 · 0⤊ 0⤋
Well if it is just a recommendation from the doctors don't think you can do much. You can go back and see if the doctors will do anything more in terms of paperwork etc.
If not there are legal people out there talk to them.
2007-12-23 21:50:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
File a request for an Article 138 hearing with your Commanding Officer for redress of this wrong.
2007-12-23 21:56:30 · answer #4 · answered by desertviking_00 7 · 0⤊ 0⤋