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Military Law Question, Can HRC view a Soldier's Medical Records? Rater was in a mental Hospital.

Birmingham, AL |

I have a situation in which my OER was rendered from an individual whom was mentally incompetent during the evaluation process, i.e. in a mental hospital.

I've been informed that HIPAA pevent me from getting PII about their admission to the hospital..

Can HRC view the records on the bases of an appeal?

Attorney Answers 2

Posted

HRC will not do an independent investigation. They will consider what you submit and your records. But even if they were to do their own investigation, they cannot look at this individual's medical records without their approval.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Posted

I have a question how can I verify that the individual was mentally incapacitated then? Can they go off the basis that they were admitted to the facility? Would that be reason enough to consider the appeal?

Posted

Once an OER is filed in your permanent personnel file, it is presumed to be administratively and substantively correct. Thereafter, the burden of proof rests with you to provide evidence of a clear and convincing nature that the statements in the evaluation are untrue or unjust, in whole or in part, thereby warranting removal. I can help you appeal the evaluation to have it removed from your record. I am located in Savannah, GA. Feel free to give me a call to discuss further- initial consultation is always free. Good luck.

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