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Will a Congressional Inquiry Help? And do you need more details?

Memphis, TN |

2001 I required a spinal fusion on c4-c5 in which I have never had any limitations. 2010 I enlisted into the Army Reserve and deemed fit to serve with of course supporting documents. December 2011 I was selected for a Direct Commission. I went to the same MEPS from when I first enlisted and knew all the doctors except one. When I was doing the duck walk, he came from behind me, saw the scar on my neck and checked the boxes saying that I was unfit and placed a three in my Pulhes. The doctor then said that it was a formality issue and placed a stamp on my physical that read "waiver recommended. " My paperwork was sent to HRC and they in turn sent me a rejection letter citing that under 2-29 I was unfit. I went through coc and now I am going through Congress. Will this help?

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Attorney answers 2


The 2-29 annotation to your physical is from AR 40-501, Chapter 2, which contains the physical standards for initial entry on active duty. Did the spinal surgery occur on active duty? Whether they accept the waiver is discretionary.

I recommend that you have a civilian board certified neurosurgeon check you out to verify no physical limitations of your cervical spine and if favorable send the report to HRC and request reconsideration. Other physician favorable reports would also be helpful. It may also depend on the physical requirements of the branch (Infantry etc) in which you applied for a direct commission. Good luck.



Mr. Pardue, My injury occured while I played football in college in 2001. I joined the Army in 2010. Before I even enlisted I went to go see six doctors about my neck. They all wrote down that I had "no limitations and could do anything required of me in the military. Also I required no waiver and my physical was a "go." So, it was shocking that I went into the same MEPS where all doctors knew me from the first time to getting a doctor that checked me unfit for duty due to a surgery I had years ago and with the fact that I am already in the Army Reserves. When he checked the box he never explained why he DQ'd me on the 2808 or counseled me for why he deemed me unfit. The doctors at MEPS were in disagreement with him and recommended me for a waiver which later was rejected by HRC. The Army knew I had a pre-existing condition with my neck, I have never been placed on profile, and I max out pt scores; how is it possible that the Army can listen to one doctor and not read my documentations from other doctors as well as the Chief Surgeon at MEPS? I thought about seeing another doctor but HRC Office of the Surgeon told me that it would be a waste of time. Any other advice would be great.


Agree with Attorney Pardue, but note the key phrase is 'discretionary', the waiver is up to the service branch. I don't see the congressional office helping much unless your family are BIG donors to the congressman.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information 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.

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