Skip to main content

I am currently non deployable due to medical reasons and my chain of command, physicians, and specialists refuse to make the

Fort Lee, VA |
Filed under: Military law

change in medpros (a medical computer system). I continue to be accused of making myself non deployable and told I don't act like my rank. Should I submit a congressional to be remove from this unit fear of reprisal and repurcussions?

+ Read More

Attorney answers 5

Posted

I'm not sure whether you are saying they won't take you out of the system so that you can deploy, or whether they are refusing to flag you as non-deployable.

In either event, if you are being harassed, I would recommend talking to the IG. That said, your military career is likely short at this point if you are continually non-deployable. I would hope the IG can help get the right agencies to get your status correct in the computer system. If the IG can't help, try to get the on-base defense counsel to help since this is a matter that could lead to discharge (they may decline to help at this point depending on your service branch).

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.

Posted

I am not quite clear on your issue. Who is accusing you of making yourself non-deployable (malingering)? Do your physicians agree you are non-deployable, or is this a self-diagnosis? If your physicians are saying you have a medical condition that makes you ineligible to deploy, but your command will not support your status change, then you might contact the IG. You have an absolute right to contact your congressman; however, in my 20 years of military experience, Congressionals usually only get you a nice letter from your Congressman relaying the response he received from your service.

Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.

Philip Douglas Cave

Philip Douglas Cave

Posted

If there is a possible Malingering charge here you should contact TDS. CPT Schapira and his team at Fort Lee are quite good.

Posted

Your question is not clear. It sounds like you think you are non-deployable but the doctors and your chain of command disagree. If that is the case, you are deployable. You might want to clarify your question.

Philip Douglas Cave

Philip Douglas Cave

Posted

While they may not be "changing" the computer system, there should be some copies of medical records that document a diagnosis that makes you non-deployable. You could take those documents to the chain of command to show you are asking legitimate questions.

Posted

Not sure what you mean--YOU believe you are non-deployable or your doctors/command think you are non deployable. Please clarify.

Submitting a Congressional will net you nothing, the Army will have to do some paperwork--thats about it if you do submit a Congressional.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Philip Douglas Cave

Philip Douglas Cave

Posted

You might have better luck checking with Patient Affairs and the Surgeon General IG. You'll get little from "congress."

Posted

I agree with these gentlemen & their assessment.

I would add that being "fit" for deployment has become a very flexible term. As deployments now range in diversity of location & for different timeframes, deeming someone "deployable" vs "non-deployable" isn't really a concrete determination. Quite frankly, factors such as your MOS, location of deployment, length of deployment, and your particular medical limitations may be the difference in you being deployable to one location, and non-deployable for the next. I have seen many Servicemembers who were "non-deployable" be approved for deployments in areas where the requirements for their MOS were less stringent. It really is a determination to be made by your Command in conjunction with the appropriate medical personnel.

Before making any sort of complaint, I would seek guidance from a legal assistance attorney at your local JAG office or consult one of the military law attorneys listed in this forum. Getting all the details & researching your options before filing any sort of complaint is really in your best interest!

Military law topics

Recommended articles about Military law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer