Expert: Cynthia Bedell - 8/5/2008

Question
Thank you for your prompt response and answering my questions so thoroughly.  I am very impressed!  

My husband sent me copies of his medical reports (since he has been mobilized).  I checked and on the temporary profile, his rating is a 2; this was done at Ft. McCoy, WI, on 03-31-08.  His permanent profile, with a rating of 3 (and there is also a C beside of it) was issued 6-22-08.  It shows max weight and distance of carrying is 50 lbs. or 100 ft.  The only standard or modified conditioning activity that is approved is walking, swimming, or biking at own pace and distance.  


I will tell my husband what you mentioned about going to the chaplain for help.  On the records I have, he was diagnosed with ACUTE REACTION TO STRESS WITH MIXED DISORDERS on 6-13-08 at the CSC Clinic and diagnosed with PTSD on 08-01-01.  This was after being diagnosed by a civilian psychiatrist on 7-18-08.  I am not sure if the diagnosis by the civilian doctor had influence on the Army doctors.  They did put him on Prozac and Ambien.

You said he could possibly transfer to another unit in country.  How would he go about doing this?  (He is deployed with a National Guard unit.  He was actually transferred to this unit 5-6 weeks before they left for the mob station.)  Would he transfer to a different ARNG unit, or just transfer to a different FOB?  At the moment he is stationed at FOB Orgun E, but their unit is spread through most of the FOBs in Afghanistan.

Finally, you recommended he see someone outside his chain of command, in order to get a fair hearing of his situation.  Who would or could this possibly include?

Once again, thank you for your time and for your prompt response.

Bridgette

Answer
Dear Bridgette --

When your husband talks with the chaplain, he should mention that he wants to do his mission, but that his commander seems biased against him due to his knee injuries.  He should inquire about a rehabilitative transfer to another unit to allow him to work within his limitations, but help the unit out.

This type of transfer is often done if a chain of command is biased against a Soldier, but the Soldier has done nothing wrong.  His transfer could be to a higher echelon or to another unit that needs someone with his skills.   

Your husband could ask the chaplain who else to see to get a fair hearing.  He could go higher in his chain of command, but that might make his situation temporarily worse, so I do not recommend it.  I recommend the chaplain and the inspector general as people to approach outside of the chain of command.  Finally, he could talk to the local judge advocate general about his rights to medical treatment and fair treatment under the uniform code of military justice.  Commanders that do not care for their Soldiers and ensure they get fair and necessary treatment can be held accountable under UCMJ for their actions.

Good luck you you both.  Thank your husband for his service, for me please.