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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 3

  1. 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.

  2. There may be exceptions to HIPPA which cover your situation. Also, there may be other documentation to show that your rater was not there (physically or otherwise) versus what he was treated for. If you are unhappy with your OER, this could be a good ground under AR 623-3 to redact it/remove it. But it will require legal research.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is or 804-955-9867.

  3. 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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