How would you build a case for malingering?

PO2 Private RallyPoint Member — Thu, 18 Feb 2016 17:48:56 -0500

I have a sailor consistently gets their self into trouble and then finds a way that it is medically related and makes their way down to see their provider. In every case it is found to be a short lived experience, and they always find something wrong at the most convenient time. I'm really not sure how to handle this situation.

Response by SFC Joe S. Davis Jr., MSM, DSL made Feb 18 at 2016 5:52 PM

SFC Joe S. Davis Jr., MSM, DSL — Thu, 18 Feb 2016 17:52:55 -0500

PO2 Private RallyPoint Member I would approach the sailor, with proper counseling to fix the problem. I would then recommend it to the chain of command for correction if the situation warrants.

Response by MAJ Ken Landgren made Feb 18 at 2016 5:57 PM

MAJ Ken Landgren — Thu, 18 Feb 2016 17:57:18 -0500

Go see JAG.

Response by CPT Mark Gonzalez made Feb 18 at 2016 6:15 PM

CPT Mark Gonzalez — Thu, 18 Feb 2016 18:15:41 -0500

Medical conditions are mitigating circumstance not a free pass. He can still face UCMJ. Just build the packet and refer it.

Response by Sgt Aaron Kennedy, MS made Feb 18 at 2016 6:16 PM

Sgt Aaron Kennedy, MS — Thu, 18 Feb 2016 18:16:20 -0500

Escalate. WITH documentation on your side.

If you believe a subordinate is malingering, then you need the upper ranks on your side. The last thing you want is PO2 C. going up against LT-LCDR Z. It's far better to get your LT-LCDR involved. He'll be able to get Div Head or the Command to investigate at a lateral level.

Response by Capt Mark Strobl made Feb 18 at 2016 8:24 PM

Capt Mark Strobl — Thu, 18 Feb 2016 20:24:29 -0500

I have to re-introduce the "Camp Stool" story. I have an eternal light-duty loiterer. He never missed the chance to re-new his light-duty chit. Basically, I consulted with the doctors as to what he could, and could not do. Whenever we had formation, he sat in the back on his camp stool. Whenever he had PT, he sat atop his camp stool while we ran. If we went to chow, he was required to bring his camp stool. Basically, I issued a very direct order, that in deference to his light-duty status, he was to ALWAYS have his camp stool... and always had to use it. Didn't want to stress out the lad, after all. Over a period of about four months he grew to dislike both his camp stool and all his peers' jibes. He made a miraculous recovery and, eventually, became a good (not great but, good) Marine.

Good luck, PO2 Private RallyPoint Member.