Expert: Cynthia Bedell - 12/11/2009

Question
My son is being med boarded out of the army as of Dec 20th. He found out today that the army wants him to go reserves to fulfill his contract with the army. My question is if he is not fit to be active how can they make him do the reserves? This was never told to him he found out because he was trying to take his pregnant wife to the obgyn and was told he couldn't because it's covered for the reserves. How can they do this and who can he contact to help him (attorney or someone else).

Answer
Dear Michelle --

A medical board can determine that your son is qualified for a less strenuous military occupational specialty and recommend reassignment to a unit that has that specialty. An injury is not a guarantee of a discharge, and the enlistment contract specifies that if a Soldier does not qualify for the specialty for which they enlisted the military may reassign then in order to fulfill the service obligation period.

If the Army found him to be qualified for a job in the Reserves, he should also be qualified for the same job in the active Army, and he should request reassignment to an active unit for that job so he continues to get full pay and benefits.  If his new job is full time reserves, then he need not make this request.

I do not understand your comments about not being allowed to take his wife to a medical appointment.  Unless he did not get prior approval from his unit and he just suddenly said, "I have to go and take my wife to the doctor's,"  he should be afforded adequate time to care for members of his family.  Further, if he was trying to take his wife to the military hospital, and they denied him, they are at fault as he and his DEERS registered family members continue to get full benefits until his discharge date.  

If he was using his injury to get out of the service, because he really wants out of the service, and the injury seemed convenient, he should consider what the real reason for his desire to leave is, and if it falls into a category that the military considers adequate, he could petition for a hardship discharge.  

He should indeed talk to a law officer in the Judge Advocate General's office, and ascertain all his rights under his enlistment contract, med board review and findings, and his remaining service obligation.  If he was not allowed to use facilities he is authorized access to, he should report that to the Inspector General for investigation.

Good luck to you son and his family.  Please write back, if you have additional questions, or further information to discuss.