Expert: Cynthia Bedell - 5/25/2009

Question
Hello Sir,
I Have just a few questions I'm hoping you could answer. I'm a Spc.currently on active duty, last week I started my medboard process, I was informed by the MEB/PABLO that I should not train or do any field problems that would interfere with my appointments and the process of my medical discharge. Is there an AR that covers this? The reason I ask is due to the fact that my company is going against this and is having me reschedule 3 of my appts to accommodate a field problem, which is causing severe problems with the process. I Greatly appreciate any information you have. thank you

Answer
Dear James --

Your medical appointments should over-ride any non-emergency duties you have been assigned.  

Title 10, U.S.C., chapter 61, provides the Secretaries of the Military Departments with authority to retire or separate members when the Secretary finds that they are unfit to perform their military duties because of physical disability. DoD Directive 1332.18, SEPARATION OR RETIREMENT FOR PHYSICAL DISABILITY, DoD Instruction 1332.38, PHYSICAL DISABILITY EVALUATION, and DoD Instruction 1332.39, APPLICATION OF THE VETERANS ADMINISTRATION SCHEDULE FOR RATING DISABILITIES, set forth the policies and procedures implementing the statute.

From your question, it sounds to me like you presented yourself to the medical facility as unfit for duty, and now the process to evaluate you is underway.  However, it sounds like your unit thinks you are faking your condition (malingering) to get out of duty and out of the military.  

Understand that the medical evaluation process may well find you fit for duty, and recommend retention.  If that is the case, and you no longer have any credibility in your current unit, you should ask for a compassionate reassignment to a unit where you can start over with a clean slate.

In either case, good luck to you.