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; email@example.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.
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.
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.
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.
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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The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
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