Posted on Mar 7, 2020
What can I do if my command is threatening me if I miss drill after having been injured in a ski accident and being unable to drive?
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I am a NG member and was skiing the day before drill took a spill and badly injured my knee. I updated my first line SGT as soon as ski patrol had carted me off the mountain and sent the ski patrol report within 5 minutes of being released from first aid station, proceeded to drive straight to ER to be checked out since it was night skiing and everything was closed. ER tells me I tore my MCL and ACL but would need to wait for the swelling to decrease to do an MRI, they put me in a knee immobilizer and gave me crutches, told me to call a orthopedic specialist in the morning, provided that documentation to first line in real time while in hospital. First thing in the morning I call a local orthopedic specialist to get an appointment scheduled and have as much documentation as possible. First line tells me to take care of myself and keep updated if I will be late to formation. They cleared some time to see me same day so I could get looked at before drill. Update first line again. An hour before the appointment I receive a text from first line warning me to cancel my appointment that the 1SG and CO have threatened to mess with me and with my benefits if I go to the appointment and miss first formation. I inform first line again that I am in a doctor prescribed knee immobilizer and cannot drive with my leg stuck straight out, he tells me to take it off and drive to drill (remember the doctor provided it to prevent further ligament damage). The injury occurred on a Thursday night and I couldn’t go on Friday because of an order from my command. There is nowhere in this small town 200miles from where I live that can see me. So I will have to remove my immobilizer again to drive 200 miles and be seen on Monday. What options do I have? I have already checked the IG website which states that medical appointments are a reason to file a complaint but I don’t want to file a complaint that is denied and then be messed with by a command that has already told me they will mess with me.
Medical
Posted 5 y ago
Responses: 7
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Good on you for informing MDAY first line leader. But this is the Guard, and you need a SUTA K or authorized absence, and only the CO can authorize that.
All of that information needs to go directly to the Readiness NCO and the CO.
Pro tip, no one in your chain of command has the authority to direct you to cancel a medical appointment.
If they send you an AWOL LOI, that letter of instruction dictates how you can reply and provide the necessary medical information, (and email proof that you provided it prior to drill), to have the commander change that AWOL to an auth absence.
If they leave it as AWOL, then I would take that to IG.
All of that information needs to go directly to the Readiness NCO and the CO.
Pro tip, no one in your chain of command has the authority to direct you to cancel a medical appointment.
If they send you an AWOL LOI, that letter of instruction dictates how you can reply and provide the necessary medical information, (and email proof that you provided it prior to drill), to have the commander change that AWOL to an auth absence.
If they leave it as AWOL, then I would take that to IG.
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Stop discussing with a SGT. And have this discussion with your 1SG. Provide all documentation. If they are unreasonable ask to inform the CSM.
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PFC (Join to see)
CSM, thank you for the assistance, the complaint is with the commander and the 1SG. The SGT was helpful and was simply relaying the message from higher, he had no say in the order, he had initially told me to show up late after the appointment and passed that information on to higher who overrode him. He advised that if it was him he would file an IG complaint. Really wish my full name wasn’t shown...
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PFC (Join to see)
Additionally I have spoken to the squadron commander which led to the company commander coming to tell me that the order came solely from 1SG representing both of them and warning me about being discharged for non service related injuries.
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CSM Darieus ZaGara
Ok, you are trying to straddle the fence. What did you CO tell you was happeningvcurrently? Bottom line is that if you feel you are not getting a fair shake you need to take it to either a leader at the next level, the IG only if you know they are taking an inappropriate action. IG is always the last resort. Again, speak to the next level, you have to have a CSM. Good luck. PFC (Join to see)
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CPT (Join to see)
PFC (Join to see) - Make sure you save all the emails and screenshots of the text messages regarding your injury. If they do try to discharge you over an injury down the road, you'll want that proof that orders from your CoC may have potentially worsened your injuries (taking off the brace, cancelling appointments, driving while injured, attending drill, etc. etc.). Having that documented will definitely help in the future.
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Hey PFC!
I'm retired after about 26 years AD, and I can only offer my personal experience. Also, I'm definitely not current on what regs apply, but my knee-jerk response would be: are they serious (your "first line")??? How can you have a subordinate SM who reported the accident timely and appropriately (and in accordance with regs, I assume), and then proceed to order that SM to endanger his healing, possibly causing not only the endangerment of fellow drivers, a long-term disability that may wind up not only possibly costing the SM his/her career, depriving the service of that SM's contribution to the cause, wasting all monies spent on their training up to that point, and lastly, possibly costing the VA mucho $$$ someday for the life of the SM. Like I said, I'm no longer current in regs, but I can tell you that during my career, I NEVER gave an order that would endanger a SM's health or welfare, and that's exactly what I think whoever gave you that order did. Please DO go over that individual's head (only after following proper procedure to avoid getting jerked later), and DO NOT try to drive with such an injury. Get yourself a JAG appt. and explore your possibilities. One other piece of advice I wish to give you is: after you have won this legal battle (which you will), you will need to watch your back in the future, meaning that I would IMMEDIATELY brush up on all UCMJ regs, and be able to quote those which may apply to you, document on paper, electronically or otherwise, everything anyone could question or attack about, take pics if possible/applicable, keep contemporary notes, and inform all peers in a timely manner of any incidents, write down names of witnesses, etc. Documentation and thoughtful, qualified explanations are key to getting a fair shake from people who are out to kneecap you, or at least to prevent their success. Sounds like alot, I'm sure, but with the passage of time your reputation for excellence will speak for itself, and no one will try to get you unless you screw up in a major way, in which case you get what you deserve. In any case the story you relate above is not OK, and I wouldn't stand for it! I'm not a lawyer and was never in JAG so this is just one man's opinion, but I hope some part of my answer is helpful to you, as your situation seems acute. Thank you for your service!
Warriors Forever!
-Ed Boles
I'm retired after about 26 years AD, and I can only offer my personal experience. Also, I'm definitely not current on what regs apply, but my knee-jerk response would be: are they serious (your "first line")??? How can you have a subordinate SM who reported the accident timely and appropriately (and in accordance with regs, I assume), and then proceed to order that SM to endanger his healing, possibly causing not only the endangerment of fellow drivers, a long-term disability that may wind up not only possibly costing the SM his/her career, depriving the service of that SM's contribution to the cause, wasting all monies spent on their training up to that point, and lastly, possibly costing the VA mucho $$$ someday for the life of the SM. Like I said, I'm no longer current in regs, but I can tell you that during my career, I NEVER gave an order that would endanger a SM's health or welfare, and that's exactly what I think whoever gave you that order did. Please DO go over that individual's head (only after following proper procedure to avoid getting jerked later), and DO NOT try to drive with such an injury. Get yourself a JAG appt. and explore your possibilities. One other piece of advice I wish to give you is: after you have won this legal battle (which you will), you will need to watch your back in the future, meaning that I would IMMEDIATELY brush up on all UCMJ regs, and be able to quote those which may apply to you, document on paper, electronically or otherwise, everything anyone could question or attack about, take pics if possible/applicable, keep contemporary notes, and inform all peers in a timely manner of any incidents, write down names of witnesses, etc. Documentation and thoughtful, qualified explanations are key to getting a fair shake from people who are out to kneecap you, or at least to prevent their success. Sounds like alot, I'm sure, but with the passage of time your reputation for excellence will speak for itself, and no one will try to get you unless you screw up in a major way, in which case you get what you deserve. In any case the story you relate above is not OK, and I wouldn't stand for it! I'm not a lawyer and was never in JAG so this is just one man's opinion, but I hope some part of my answer is helpful to you, as your situation seems acute. Thank you for your service!
Warriors Forever!
-Ed Boles
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PFC (Join to see)
Funny you should mention safety of driving. I had actually mentioned during my drive (stopped for gas) that I was concerned I would be late because the pain was causing me to be distracted from the road. The response was “thanks for the update”
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