Law
JAG
AMEDD C&S
Responses: 4
Sir, are you asking as you go in to your boards? Or asking having failed your boards a 1st, or 2nd time, looking for a third attempt or the dealing with the issues that arise post failure?
What I know about medical boards and success and or failure could hardly fill a thimble, a miniature thimble, a miniature thimble partially filled with water..
So your question is better answered by a lawyer with experience in such cases. Id guess.
The only close experience I have with that area is having had our PA a captain taping up a broken toe for me post xrays ..and 3 months later after moving on to division, seeing him at a training range leading an infantry platoon (poorly i might add) Seems he failed his cert boards twice, and was removed from the PA program, returned to the field he came from and lost his CPT rank attained while he was in the PA program.
What I know about medical boards and success and or failure could hardly fill a thimble, a miniature thimble, a miniature thimble partially filled with water..
So your question is better answered by a lawyer with experience in such cases. Id guess.
The only close experience I have with that area is having had our PA a captain taping up a broken toe for me post xrays ..and 3 months later after moving on to division, seeing him at a training range leading an infantry platoon (poorly i might add) Seems he failed his cert boards twice, and was removed from the PA program, returned to the field he came from and lost his CPT rank attained while he was in the PA program.
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CPT (Join to see)
I am asking the questing in regards to adverse actions being taken against ones credentials in accordance with AR 40-68. According to the reg, outside legal counsel is limited.
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SGM Erik Marquez
CPT (Join to see) - Way outside my breadth of experience and knowledge, were it me, Id find a lawyer claiming experience with such cases and take their advice on if they can provide useful support.
Pretty sure the demographic your looking for assistance from here is going to be minuscule if it exists at all.
Its a good question and crowd sourcing is a good plan.. so lets see what comes of it for you.
Pretty sure the demographic your looking for assistance from here is going to be minuscule if it exists at all.
Its a good question and crowd sourcing is a good plan.. so lets see what comes of it for you.
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SGM Erik Marquez
CPT (Join to see) - are you a privileged or non privileged provider?
is this pre or post peer review?
is this pre or post peer review?
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SGM Erik Marquez
SGM Erik Marquez -
Sir it reads to me you may have a outside counsel at your table with you, but they are not allowed to address the board members, then can only speak/ advise you.
So the partial answer appears to be YES you an have outside legal counsel, and by reg its encouraged.
As to it being helpful....Id guess, if the board is correctly following the board procedures, no, counsel will be of no help.
If they have failed to follow the proceeder outlined in the AR and your lawyer catches it, advises you to speak on the topic and you do so, it may be helpful."
The AR stipulates the board and or peer review is not a legal procedure, as an admin process the lawyers ability to help will be focused on the process.
(5) The right to consult legal counsel. Providers whose personnel status entitles them to receive legal assistance may contact their servicing office of the SJA for legal advice if desired. Legal representation in this matter is not an
entitlement but may be provided subject to resource limitations as determined by the supervisory judge advocate in the office of the SJA or Trial Defense Service. Providers may obtain advice or representation from civilian counsel at no expense to the Government. To determine if a provider is eligible to receive legal assistance, consult AR 27–3.
c. The provider is encouraged to consult with legal counsel or any other representative. Civilian counsel obtained by the provider will be at no expense to the Government. Such representatives may attend the hearing but their participation is limited to advising the provider only. They will not be permitted to ask questions, respond to questions
on behalf of the provider, call or question witnesses, or seek to or enter material into the record.
Sir it reads to me you may have a outside counsel at your table with you, but they are not allowed to address the board members, then can only speak/ advise you.
So the partial answer appears to be YES you an have outside legal counsel, and by reg its encouraged.
As to it being helpful....Id guess, if the board is correctly following the board procedures, no, counsel will be of no help.
If they have failed to follow the proceeder outlined in the AR and your lawyer catches it, advises you to speak on the topic and you do so, it may be helpful."
The AR stipulates the board and or peer review is not a legal procedure, as an admin process the lawyers ability to help will be focused on the process.
(5) The right to consult legal counsel. Providers whose personnel status entitles them to receive legal assistance may contact their servicing office of the SJA for legal advice if desired. Legal representation in this matter is not an
entitlement but may be provided subject to resource limitations as determined by the supervisory judge advocate in the office of the SJA or Trial Defense Service. Providers may obtain advice or representation from civilian counsel at no expense to the Government. To determine if a provider is eligible to receive legal assistance, consult AR 27–3.
c. The provider is encouraged to consult with legal counsel or any other representative. Civilian counsel obtained by the provider will be at no expense to the Government. Such representatives may attend the hearing but their participation is limited to advising the provider only. They will not be permitted to ask questions, respond to questions
on behalf of the provider, call or question witnesses, or seek to or enter material into the record.
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You can always seek outside legal counsel but my question where is the person at in the process and is it really needed? There are different levels of cases, some start low at peer review and go higher. I have been on the review side and maybe be of some assist if messaged.
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Waaay outside my wheelhouse. LTC Kevin B. any experience here?
MAJ Charles Blake any experience on this?
MAJ Charles Blake any experience on this?
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LTC Kevin B.
I have no direct experience here, but the regulation does specifically state "Providers may obtain advice or representation from civilian counsel at no expense to the Government." AR 40-68, paragraph 10-8, b. (5).
http://army.com/sites/army.com/files/R40_68.PDF
http://army.com/sites/army.com/files/R40_68.PDF
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Suspended Profile
I have seen this in the past. I I assume you're having issues with your credentials trouble; remember that JAG works for the command. If it were my license or credentials I'd get my own lawyer without thinking twice.
Suspended Profile
Nuts, sorry for the unclear cut/paste typing on my phone. I think you get my point. Get your own counsel.
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