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Can i sue the US Army

Bishopville, SC |
Filed under: Military law

I would like to sue the army for several offenses, personal and financial jeopardy they have put me into. They have seperated me for failure to adapt after sending me to Mental Health for PTSD and depression, attempting to involuntarily put me in a emergency psychiatric hospital and causing me to fall into a deep state of financial debt which was on its way to being aided. They had once treated me with kindness and attepted to help me cure my depression and PTSD but only to protect their reputation and career due to a past incident of suicide that reuined one former First Sergeants career. When they discovered I was not suicidal they then treated me with the lowest respect of any other soldier in the company. They used persuasion to defer me from filing a official complaint about their actions and seperated me on grounds of failure to adapt as a end result. This has deeply ruined me financially, mentally and I will never have the same credibility in society again.

I had the entire story written out but lost it when the page crashed, sorry for the quality of my description.

Attorney Answers 1


  1. This is a tough situation and you really do not have a lot of options.

    First of all, the laws currently in place in this country will not permit any current or former service member to sue the U.S. Government for inures he or she has suffered while serving on active military duty. This is the "Feres Doctrine," and it is pretty much an iron clad bat to filing any sort of tort claim or civil lawsuit against the Army in the situation you describe. Follow this link to read more about the Feres Doctrine: http://en.wikipedia.org/wiki/Feres_v._United_States

    Instead of suing the Army, you might consider talking to an attorney who handles Veterans Affairs Claims. Depending on your injuries, you may be able to have such an attorney file a VA claim and if you win on your claim, you could receive a disability. This translates into a monthly check from the Government paying your health care and living expenses.

    Yet another avenue of attack may be to file a review or an appeal to the Army Board for Correction of Military Records. These so called BMR appeals may result in a finding that the Army handled your discharge unlawfully or was against Army policy. If that happened you may be entitled to a better discharge characterization or perhaps even reinstatement with back pay.

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