Posted on Jun 14, 2019
What proof would you need to support your cause on a soldier malingering ?
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This soldier keeps going to sick call and getting quarters but it’s at weird times, always complaining of stomach issues. Do I have to catch the soldier In the act or are there any other avenues that would support my case?
JAG
Commanders
MAJ
UCMJ
Posted 5 y ago
Responses: 30
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Being sick is not against the UCMJ, but malingering is. Does it impact the mission enough to warrant your time spent on it? If so, proceed but tread lightly. No underhanded sneaky peaky or outright surveillance. You should be documenting it regularly but only facts. If he later is boarded for conduct or health it will be helpful. Partner with NCOIC or PSG and go from there. Get your ducks aligned first.
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CWO3 (Join to see)
SSgt Joseph Baptist - As a Wobbly One (WO1) I got pneumonia in the winter while at MEC-Pohang. Had an x-ray to find out why lungs were gurgling. One was 2/3 full of fluids. We were living in a hardback GP tent, but had a kerosene heater. The Corpsman put me on indefinite bed rest and huge antibiotic pills, plus lots of fluids. I only got out of my sleeping bag to make head calls for about 2 days. By the third day I was able to eat chow they brought from field mess, and was basically mended. So I can relate to being legitimately sick in the field. I agree with your suggestions.
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CWO3 (Join to see)
SSgt Joseph Baptist - They need to learn how to do their job in the field. It's a different ballgame when away from all the maintenance equipment in garrison. On ship is a different situation as well, but if you're a wrench turner you have to do it in support of the mission.
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You can bring your concerns up to your command, the commander has a open line of communication with the Unit PA/ legal team and can bring up any concern regarding a malingering soldier to them. You aren’t a medical professional (PA), and any accusation of malingering to a soldier is threading on thin ice.
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Once upon a time, a long time ago, I was put in charge of an Airman no one wanted to be in charge of. She was considered lazy, overweight, and constantly would go to sick-call complaining of headaches and fatigue. We all thought that she was the problem, especially since she didn't get along with her previous supervisor. Eventually she complained enough and got a medical discharge for chronic migraine headaches. We all thought this was just weak and pathetic since when she was around she always seemed fine. Well...two years later the real culprit appeared. Degenerative Multiple Sclerosis. She was 25 then. Seems like we were wrong. The bullying her, thinking she was a turd airman, lazy, etc. was all misplaced. She actually was sick. She committed suicide about 6 months after her diagnosis because she didn't want to be a burden on her two children. So maybe you stop and evaluate the situation a little more, be more objective in your judgments. Cause not everyone with frequent trips to sick call is lazy or weak. Some are actually sick.
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SFC (Join to see)
Hindsight is 20/20. I don't know if this is the appropriate response, but thank you for sharing. That's real, and have seen myself assume bad intentions in some soldiers. For example, one of my buds that I reclassed with started seeing mental health during AIT. The way he carried himself, I thought it was just a way for him to sham out of class/ bring attention to himself/ whatever. I didn't think he was as depressed as he claimed he was. Turns out, I was wrong, as well.
It's too easy to assume people are usually trying to play and scam the system to their favor; it's sad that we don't automatically assume that there is something legitimately wrong with the service member.
It's too easy to assume people are usually trying to play and scam the system to their favor; it's sad that we don't automatically assume that there is something legitimately wrong with the service member.
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