Expert: Rod Powers - 3/25/2007

Question
QUESTION: Our son is a Marine in Advanced Training in Avionics (Pensacola. FL).  Severe back problems since boot camp. He has seen a chiropractor on base for 1 month (unable to help), is on presc. pain med, physical therapy.  Light duty (no PT) since Jan., 07 -- med. dr. recommended admin sep, but senior medical officer denied it last week and put him back to full duty.  My son is extremely upset, because he is severe pain now (without PT).  What will happen if he refuses PT because of pain, and how does he appeal this decision.  They have acknowledged 2 curvatures in his back.  Civilian chiropractor records we sent there disclose previous back problems and some scoliosis, but they deny it.  My son told the recruiter last summer he had a back aches, but the recruiter said if MEPS passed him to go to boot camp, it would be OK.  Thank you!
ANSWER: Hi Don,

Refusing PT, without legal representation would be a mistake. It would be a violation of Article 92 of the Uniform Code of Military Justice (see: http://usmilitary.about.com/od/punitivearticles/a/mcm92.htm).

The Chief Medical Officer (CMO) is the final medical authority as to whether or not your son is medical fit for duty. Your son needs to contact the Area Defense Counsel (Military Lawyer), which is available to him free of charge at his current base. The ADC can help him file for appeal, and can give him legal advice as to what orders (concerning his physical ability) he needs to obey, or not.

Hope this helps!

Rod Powers
http://usmilitary.about.com


---------- FOLLOW-UP ----------

QUESTION: Thank you!  The senior med. officer 'verbally' told my son that if he tried PT and it hurt too much, to go to his chain of command and request an 'admin sep', and he would probably be sent back to the sr. med. officer for evaluation.  And at that time, he SAID he would write a letter.  We have been taught that 'verbal' things generally don't hold water and if my son doesn't have it in writing, he could be subject to Article 92.  Your final thoughts about this?  It is a blessing to be able to ask such a knowledgeable person like you these questions.  We have read MANY of your items on the internet....especially liked "What the Recruiter Never Told You."  Thank you again!!

Answer
Hi Don,

As you said, "verbal" doesn't count. Your son has a very important right (that many young people overlook), in that he has the right to *free* legal advice from the JAG/ADC. Additionally, when he speaks with a military lawyer, he establishes an "attorney/client" relationship, which means the lawyer is prohibited from disclosing the conversation with anyone else without your Son's permission. Only two categories of people in the Military have "privileged communication" (this means they are not required, nor are they permitted to disclose private conversations), and those two groups are military lawyers and military chaplains. In other words, anything he says to a military lawyer or a military chaplain is "privileged," and can't be used against him (note: There are certain obvious exceptions to this legal rule, such as if he admits he's planning to commit a crime in the future), but the point is, my best advice is for your Son to make an appointment with an ADC (Area Defense Counsel) through his local JAG office.

Hope this helps!

Rod Powers
http://usmilitary.about.com