Posted on Sep 5, 2019
If I get separated through a 5-17 chapter, will I be eligible for disability or medical services when I get out??
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Long story short, I’ve been hurt for almost a year in my hip/leg. It’s gotten better and worse in different ways. My PA has refused all this time to send me for an MRI, and started a 5-17 chapter against my wishes. I just want to get fixed and do my job without pain. After a serious struggle I finally got someone else to schedule me to see orthopedics, oct 8, but I’ve been told there’s a big chance I won’t even be in the army by then. My question is, will I be eligible for disability or medical services when I get out? I can’t stand the thought of living the rest of my life in this pain, to where I can’t even sleep. Or, alternatively, is there a way I can hold this off until I’m able to get to orthopedics to prove I have an actual injury that isn’t just “chronic pain from a previous injury”?
Posted >1 y ago
Responses: 3
You can put in a VA claim once you get out. Make sure all of the documentation is there for your injury and that you get the exit physical. Make a copy of your medical file.
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So, have you read AR 635-200? The PA doesn't have that authority. Only a Commander with GCMACA has the authority to approve it. Who told you that you may not be in the Army?
5-17c states: Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records.
5-17e states: Prior to involuntary separation under this paragraph, the notification procedure in chapter 2, section I; or the administrative board procedure in chapter 2, section II, will be utilized.
5-17c states: Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records.
5-17e states: Prior to involuntary separation under this paragraph, the notification procedure in chapter 2, section I; or the administrative board procedure in chapter 2, section II, will be utilized.
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SGT Javier Silva
PFC (Join to see) - You cannot be kicked out until the Army can show that you have done everything you can to correct the deficiency. Have you been allowed to talk to JAG?
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PFC (Join to see)
SGT Javier Silva They have told me they can’t help me any further, despite not doing anything for additional imaging. I’m supposed to be able to talk to JAG at some point but I haven’t been given any information about anything. I’m currently putting my packet together and they told me it won’t be until after the packet is complete.
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SGT Javier Silva
PFC (Join to see) - Wrong! The regulation requires that you be allowed to visit JAG within a reasonable time; however, it cannot be less than three (3) duty days. There are other things that you have rights to. PLEASE read the regulation. Knowing your rights is a powerful thing in the military.
c. The separation authority is not bound by the recommendations of the initiating or intermediate commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of this regulation. (See para 2–4d(4).) Chapter 3 provides guidance on the appropriate type of discharge and characterization of service. The servicing Judge Advocate will be consulted when limited use evidence (see para 3–8g) is involved. The Soldier will be further advised of the following rights:
(1) To consult with military counsel within a reasonable time (not less than 3 duty days). Soldiers may also consult with civilian counsel at their own expense.
(2) To submit statements in his/her own behalf.
(3) To obtain copies of documents that will be sent to the separation authority supporting the proposed separation. For a separation under chapter 9 or 14 based upon a positive urinalysis, the Soldier will be provided, upon request, a copy of the supporting laboratory documents (as described in AR 600–85). Classified documents may be summarized.
(4) To a hearing before an administrative separation board under section III of this chapter if he/she had 6 or more years of total active and reserve service on the date of initiation of recommendation for separation. This includes creditable service in any U.S. military component, for example, RA, ARNGUS, USAR (including IRR and Delayed Entry Program), USN, USAF, and so forth.
(5) To waive the above rights in writing, including the right to submit a conditional waiver of the right to have the case heard before an administrative separation board. (See para 2–5b and fig 2–2.) Failure to respond (including failure to submit matters under (3), above) within 7 duty days will constitute a waiver of the rights in (1) through (5), above. An extension will normally be granted until any documents requested by the Soldiers pursuant to (4), above, are provided to the Soldier, and the Soldier has a reasonable opportunity to respond to such documents.
c. The separation authority is not bound by the recommendations of the initiating or intermediate commander and has complete discretion to direct any type of discharge and characterization of service authorized by applicable provisions of this regulation. (See para 2–4d(4).) Chapter 3 provides guidance on the appropriate type of discharge and characterization of service. The servicing Judge Advocate will be consulted when limited use evidence (see para 3–8g) is involved. The Soldier will be further advised of the following rights:
(1) To consult with military counsel within a reasonable time (not less than 3 duty days). Soldiers may also consult with civilian counsel at their own expense.
(2) To submit statements in his/her own behalf.
(3) To obtain copies of documents that will be sent to the separation authority supporting the proposed separation. For a separation under chapter 9 or 14 based upon a positive urinalysis, the Soldier will be provided, upon request, a copy of the supporting laboratory documents (as described in AR 600–85). Classified documents may be summarized.
(4) To a hearing before an administrative separation board under section III of this chapter if he/she had 6 or more years of total active and reserve service on the date of initiation of recommendation for separation. This includes creditable service in any U.S. military component, for example, RA, ARNGUS, USAR (including IRR and Delayed Entry Program), USN, USAF, and so forth.
(5) To waive the above rights in writing, including the right to submit a conditional waiver of the right to have the case heard before an administrative separation board. (See para 2–5b and fig 2–2.) Failure to respond (including failure to submit matters under (3), above) within 7 duty days will constitute a waiver of the rights in (1) through (5), above. An extension will normally be granted until any documents requested by the Soldiers pursuant to (4), above, are provided to the Soldier, and the Soldier has a reasonable opportunity to respond to such documents.
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SFC (Join to see)
PFC (Join to see) you would do well to read the regulation on a Chapter 5-17, SGT Silva is spot on.
The O6 BDE CDR is the approval authority for this separation. Your CO may have initiated it at the behest of your PA, but the COL has to approve it. A 5-17 is a chapter medical reasons that can't be treated and don't warrant a med board. For instance, back or leg pain that has no discernable or treatable cause. As long as you're receiving treatment, you should not be discharged. JAG works for the commander, which is why they won't help and aren't authorized to talk with you about your case. You have to contact Trial Defense Services concerning your chapter.
Realistically, it's as easy as your command team saying they will wait till your treatment is done. If they won't then utilize the open door policy with your BN leadership. No BDE CDR wants to kick out a Soldier who will be capable of doing their job after treatment.
The O6 BDE CDR is the approval authority for this separation. Your CO may have initiated it at the behest of your PA, but the COL has to approve it. A 5-17 is a chapter medical reasons that can't be treated and don't warrant a med board. For instance, back or leg pain that has no discernable or treatable cause. As long as you're receiving treatment, you should not be discharged. JAG works for the commander, which is why they won't help and aren't authorized to talk with you about your case. You have to contact Trial Defense Services concerning your chapter.
Realistically, it's as easy as your command team saying they will wait till your treatment is done. If they won't then utilize the open door policy with your BN leadership. No BDE CDR wants to kick out a Soldier who will be capable of doing their job after treatment.
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Go online and request a copy of your records ( both personnel and medical ).
This may take a while to achieve, but VERY necessary.
After you have full records in hand scan copies into your computer for safety, and then go online to VA website to apply for disability on whatever injuries you had. This again will take some time, but it is worth it in the long run.
After you get a disability rating be sure to apply for VA medical. That way you can go to VA hospital for treatments / surgery as necessary.
This may take a while to achieve, but VERY necessary.
After you have full records in hand scan copies into your computer for safety, and then go online to VA website to apply for disability on whatever injuries you had. This again will take some time, but it is worth it in the long run.
After you get a disability rating be sure to apply for VA medical. That way you can go to VA hospital for treatments / surgery as necessary.
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