Posted on Apr 5, 2021
According to reg, a soldier should not be demoted if they have PTSD. What would be the proper way to make sure this soldier receives it back?
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Responses: 6
It's not that simple. A PTSD diagnosis is not a license to do whatever you want with no consequences.
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SGM Steve Wettstein
SFC Michael Hasbun "A PTSD diagnosis is not a "do whatever you want with no consequences". Nailed it.
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SSG Edward Tilton
A rating of over 30% from the military or the VA the equites the military process this person for disability retirement. Any reduction in ranked dated after the rating would be questioned
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Your chain of command has the tools to address it but it isn’t an automatic thing like flipping a switch. Immediate Leadership will need to have buy in because they will be driving this request.
It all depends on what happened. I had a Marine get busted down for suspected DUI. I warned that it was premature as it wasn’t adjudicated out in town yet but the Squadron Adjutant wanted to send a messages to the Marines in regards to getting a dui. Marine lost a stripe the month before picking up Sgt. Come to find out the breathalyzer was faulty and the case was thrown out. We were able to get his rank and backpay restored but it took pushing.
I don’t know what all occurred for this Solider to get busted but you would need to be able to outline everything.
Even then it will be harder to prove. It really depends on the details. If someone drinks because of PTSD and gets a DUI you can’t dismiss the DUI because it was PTSDs fault.
It all depends on what happened. I had a Marine get busted down for suspected DUI. I warned that it was premature as it wasn’t adjudicated out in town yet but the Squadron Adjutant wanted to send a messages to the Marines in regards to getting a dui. Marine lost a stripe the month before picking up Sgt. Come to find out the breathalyzer was faulty and the case was thrown out. We were able to get his rank and backpay restored but it took pushing.
I don’t know what all occurred for this Solider to get busted but you would need to be able to outline everything.
Even then it will be harder to prove. It really depends on the details. If someone drinks because of PTSD and gets a DUI you can’t dismiss the DUI because it was PTSDs fault.
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Here we go again with this non-sense. Define PTSD. Was the soldier diagnosed by a military provider with PTSD and receiving treatment for the disorder? We’re the soldiers actions directly contradicting to good order and discipline and caused a pattern of misconduct warranting the UCMJ?
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