Posted on Jan 23, 2016
How to handle a Soldier who may be taking advantage of medical to get out of going TDY?
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I have a soldier that is set to go TDY. This soldier came off of leave 2 weeks ago and said they wanted to use the open door policy and talk to 1sg. When they went to 1sg the soldier informed him that they didn't feel comfortable going TDY with the NCO in charge of the mission (the NCO is another from my plt.). This week I asked why informing the soldier they didn't have to answer if they didn't feel comfortable doing it, the soldier said that they think the NCO is out to get them (as far as UCMJ/seperation). Well this week the soldier has been to the Emergency room 3 times and all 3 times they were discharged with nothing wrong with them and reffered to provider. They went to sick call and got a temp profile with a follow up the day before they are suppose to fly out. The profile does not prevent them from going. Based on the perception of this I spoke to legal to ensure I am doing the right thing as far as my actions twards the soldier. The perception of my COC is the SM is trying to get out of it. Legal told me to encourage the SM to continue to support them on getting rehabilitated and get better. They also said the commander should get in contact with the SMs provider and base further action on that. I have spoken to my COC on this and the SM is still going. I agree with them however I feel like I am unable to do anything at my level other than talking to the soldier and letting them get away with this right now. To my section this situation may encourage others to follow suit. There are several barracks Lawyers encouraging these soldiers. My counter to this is show them the regulation and inform them that if they think im doing something wrong to show me it in black and white, and I encourage them to speak to the COC via open door policy or IG. I dont treat any of them diffrent I follow all regulations and perform my duties as a proffesional. I came from a unit that regulations was everything and i am now in a unit where regulations are not upheld. I am not trying to change the army as a whole only my little area of influence. But I am meeting resistance with everything I do.
Squad Leader
SGT
SSG
SFC
Posted 9 y ago
Responses: 42
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Not enough info. Seems to me you need to bring in Top and your Plt Sgt and sit down, come up with a COA and step out covering each others six. Look for evidence that the trooper may be right in his perception of the other NCO. If he is the NCO needs to be pulled aside. The trooper could be a "bag nasty" and the young NCO is going about corrective action wrong.
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Seems to me there is a lot more to this story.
If I take the facts as presented, "somebody doesn't like me" is not an excuse to get out of duty. More than likely, that is what the 1SG told this troop. Having said that, this is worthy of investigation on your part to get at what the deal is. If the NCO that "is out to get" your Soldier does in fact have the red ass with him, it is your responsibility to get in between. Maybe the issue is legitimate; maybe it isn't. Either way, you need to know.
Separate and distinct is the medical issue. The Soldier is protected by HIPPA from disclosing any conditions he has, but it sounds as though he's going in for anxiety and the medical facility is turning him away with no diagnosis. Also something you need to get the bottom of.
I think that you are correct to relate the two issues to each other but might have it backwards. He might not be going to the TMF to get out of the TDY, he might be going to the TMF to get treated for issues related to the TDY.
I don't think he should get out of the duty, but I think that you need to dig a little deeper. This Soldier might have a bigger issue than he's letting on.
If I take the facts as presented, "somebody doesn't like me" is not an excuse to get out of duty. More than likely, that is what the 1SG told this troop. Having said that, this is worthy of investigation on your part to get at what the deal is. If the NCO that "is out to get" your Soldier does in fact have the red ass with him, it is your responsibility to get in between. Maybe the issue is legitimate; maybe it isn't. Either way, you need to know.
Separate and distinct is the medical issue. The Soldier is protected by HIPPA from disclosing any conditions he has, but it sounds as though he's going in for anxiety and the medical facility is turning him away with no diagnosis. Also something you need to get the bottom of.
I think that you are correct to relate the two issues to each other but might have it backwards. He might not be going to the TMF to get out of the TDY, he might be going to the TMF to get treated for issues related to the TDY.
I don't think he should get out of the duty, but I think that you need to dig a little deeper. This Soldier might have a bigger issue than he's letting on.
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1SG (Join to see)
PFC Thomas Hunborg the commander can always see you medical records, and must do the training on the law to get MEDPROS access. Others such as a records custodian or a command physician may as well. That is normal. Sergeant Snuffu knowing about the details of your medical situation not so much.
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1SG (Join to see)
PFC Thomas Hunborg if you didn't tell him in the course of counseling, then something is wrong here.
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PFC Thomas Hunborg
1SG (Join to see) No I didn’t tell them. They knew I had sprained my knee from my er visit as I was married and lived off post with 2 toddlers so not being able to put weight on one leg was a big deal for me
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I see two separate issues.
The first one is there is an apparent lack of trust between a soldier and NCO. SM states that said NCO is "out to get him".
Why does this soldier feel this way? What is the relationship between this NCO and SM? Does this SM have or receive counsling from him? Clarification of these questions may provide some light into the situation. Basically what is causing this soldier to feel this way?
The second issue is the medical part. With your current thought process you may be going down the right path but with the wrong mindset. That being said I know nothing about you or this soldier. This soldier could have a legit medical issue. What's saying he has nothing wrong with him coming out of the ER? malingering is one of the toughest Articles to prove. If you truly think he is malingering then your commander must address it with the PCM.
Could these issues be connected? Maybe, fixing the first issue should take top priority. Figure out why this soldier feels this way. In theory you could be correct but he may be going to medical so he can get out of a possible hostile environment. On the other hand this SM could have legit medical issues. Work on the first issue first then see if the second issue continues.
The first one is there is an apparent lack of trust between a soldier and NCO. SM states that said NCO is "out to get him".
Why does this soldier feel this way? What is the relationship between this NCO and SM? Does this SM have or receive counsling from him? Clarification of these questions may provide some light into the situation. Basically what is causing this soldier to feel this way?
The second issue is the medical part. With your current thought process you may be going down the right path but with the wrong mindset. That being said I know nothing about you or this soldier. This soldier could have a legit medical issue. What's saying he has nothing wrong with him coming out of the ER? malingering is one of the toughest Articles to prove. If you truly think he is malingering then your commander must address it with the PCM.
Could these issues be connected? Maybe, fixing the first issue should take top priority. Figure out why this soldier feels this way. In theory you could be correct but he may be going to medical so he can get out of a possible hostile environment. On the other hand this SM could have legit medical issues. Work on the first issue first then see if the second issue continues.
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SSG(P) (Join to see)
As far ass the issue with the other NCO the soldier has used the open door and addressed it with the COC . The COC says the SM is still going. As far as the 3 ER trips discharge paperwork says SM improved follow up with PCM. I instructed the SM to go to sick call to get a temp profile until the apt. With the PCM. still awaiting apt. As far as a hostile environment, based on what I have seen the plt. Is well oiled. All the NCOs work as a team while the soldiers have formed cliques. One group chalenges everything stating things that come from the barracks layers. Example: SM missed 0630 formation due to car troubles. My PLT. SGT. Believe in calling people in route, i agree with him. Also I do what im told. SM is called FTR have to counsel. Couseling says you failed to be at your place of duty due to vehicle problems ect. Plan of action. Identify an alternate plan to get to work on time to prevent this from happening again, and fix your car this weekend. SMs trys to tell me I cant counsel them for this because they called me and let me know. My response was your place of duty was 0630 formation, regardless of why you didnt make it you were not there. Thats why you were called FTR. The soldier then says I spoke to another NCO about this and they said that i am trying to build a packet against the soldier.
Its things like this that we get from that one group of soldiers.
Its things like this that we get from that one group of soldiers.
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SFC (Join to see)
I had a soldier like that in Alaska, went on sick call constantly late to formation and had been doing that prior to my arrival within 2 months he was chaptered out of the Army, if you are going to do counseling make sure there is corrective training. I always told the soldiers when I came to a new unit that the first one was on me, I would verbally counsel after that it got progressively worse until usually on the 3rd counseling we were in front of commander for UCMJ and after that it was chapter. It seemed like the unit up there that the soldiers were in charge cause the senior NCO's let them do what ever they wanted.
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