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Is it possible to sue the military for a drill sgt. That physically put their hands on you while I was injured. I'm am MB out?

San Antonio, TX |
Filed under: Military law

During my time in basic traing I was injured during traing and diagnosed with a femoral fracture and was advised by my doctor and physical therapist to go home for conlesant leave. I then told and gave all the info to my drill Sgt. How sever my injury was he then put his hands on me and pulled me by my acu top because I was having trouble getting into the bus, as he pulled and jerked me around I felt&heard a pop from my left hip. Long story short he would emotionally abuse me by threating me. It took him almost a Month to send me home. Where I went to er to find out I was walking around on a broken hip and it was healing wrong.I've had four serious surgeries and might be needing a hip replacement soon and to make matters worst Im sufferIng from paIn ever day and nIght. I'm med.boarding.

Attorney Answers 7

Posted

You cannot sue the military for injuries incurred by you while you were on active duty.

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Posted

No, you cannot sue. The Supreme Court decided a case many years ago that barred suits against the military. Even as late as 2011 Congress has refused to change the "law" decided by the Supreme Court.
You can report him to the CID for assault or his commander.
If you are going through the medical discharge process, then you will be given a disability rating. You can go to the VA and they will at times upgrade the percentage.
MEB/PEB can get a little complex. Recommend you contact Seth Director here on AVVO.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Posted

You are barred from suing the military for injuries incurred in the line of duty, regardless of how they happened. Generally speaking, under the doctine of "sovereign immunity'", there is no inherent right to sue the government. Congress, however, has waived sovereign immunity through the Federal Tort Claims Act (FTCA) for certain types of lawsuits. Nevertheless, in Feres v United States (1950), the Supreme Court held that Congress in the FTCA did not intend to give military members the right to sue the government for injuries sustained in the line of duty. Ever since, military members have been unable to sue the government for their injuries.

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.

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Posted

Unfortunately you cannot sue the military for injuries you sustained while on active duty, however you should report to CID, particularly if others would corroborate your allegations. If you disagree with your informal PEB advisory opinion, and want to appeal to formal PEB for better rating, call me to discuss.

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Posted

While you cannot sue the military, you should report the incident to his Commander and military law enforcement. There are good things that can come from an investigation. If he has engaged in such behavior in the past or is continuing to do so now, an investigation into your case may put an end to his behavior and could result in the military punishing him for his actions. It is extremely unfortunate that there are still DS's who believe it is acceptable to physically manhandle trainees, but holding him accountable is good first step. Good luck!

If you have questions, please call me at (915)532-7500.

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Posted

Assuming your discharge is under other than dishonorable conditions, you will have the right to file a claim for VA compensation - called service connected benefits. You can find an attorney who will answer questions about veteran benefits in your area at http://www.vetadvocates.org/directory2.html

I hope this information helps. Good luck to you!
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Posted

I've attached a link to the VA's Benefits Delivery at Discharge (BDD) program. My recommendation is you maintain a copy of all personnel records (to include counseling statements, profiles, etc...),medical records, as well as the contact information for a few of the other servicemembers in your unit. This will prevent much of the frustration that other veterans have faced over the years. Good luck. http://benefits.va.gov/predischarge/index.asp?expandable=0&subexpandable=0

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