Posted on Mar 16, 2021
SFC Station Commander
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I have a Soldier that has been on quarters a total of 43 days this year alone. It has been over 9 different instances and with very short notice. She states that she has allergies or is sick and is able to keep getting letters from a civilian doctor exempting her from work for several days at a time. She also states she is on medication at times that prevents her from driving a GOV, which is critical for her MOS, but then is out driving her sports car everywhere during her time off. I haven’t dealt with an issue like this in the past and my chain of command is also at a loss of what to do. If she doesn’t want to participate in something she is sick and doesn’t. Is a fit for duty directed by the commander worth doing or can she pass that and continue what she has been doing? Any advice would be appreciated. It has gotten to the point that the rest of the team has to pick up her slack and she can’t be relied on for anything due to the fact she will last minute be unable to be present.
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Responses: 20
SFC Retention Operations Nco
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Sounds a lot like malingering to me. If this Soldier is an NCO your best bet is to counsel repeatedly and address it in their NCOER. The harder question is whether or not you believe this person should be separated from the Army or not. There's a chapter for repeated malingering. If they are a SSG, a negative NCOER will refer them to the QMP board for review.. The fact that she can't be relied upon to accomplish a task is enough to begin your counseling with. If these are legit medical emergencies it may also be time for the commander to look at asking the provider about a med board or a chapter 5-17
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CPT Assistant Operations Officer (S3)
CPT (Join to see)
3 y
I have went with the CH 5-17 twice when I dealt with this. It was the best route.
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SGM G3 Sergeant Major
SGM (Join to see)
3 y
43 sick days out of about 115 duty days so far this FY.
9 separate instances of 4 to 5 duty days sick in quarters.
This person is absolutely either too sick or too irresponsible to be in the Army.
QMP or 5-17.
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MAJ Ken Landgren
MAJ Ken Landgren
>1 y
Concur big time.
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Sgt Dale Briggs
Sgt Dale Briggs
2 y
Why join then, you want out, then start the paperwork.
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MSG Intermediate Care Technician
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Can't drive a GOV due to meds but has been seen driving her own POV? If possible, contact her civilian provider and ask if the SM has been seen there recently. Obviously, you can't ask what for, but see if you can ask if they were in fact evaluated. If they are able to answer without violating HIPPA, and state that she has not been seen there, then you have her dead to rights for possibly the following:

Insubordinate Conduct toward a Non Commissioned Officer/ Article 91
Dereliction of Duty/ Article 92
False or Unauthorized Pass Offenses, False Pretenses/ Article 134

I would certainly press for the Fit For Duty evaluation.
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SFC Casey O'Mally
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Is this Soldier Active Duty? If they are, there is no reason for a civilian doctor to be signing off on quarters. She needs to go through PCM, even if PCM refers out. Even if Active Guard or Reserve, they should be going through PCM. Once, maybe even twice, I would let it fly, with the very clear instruction that in the future it would have to come from PCM.

If the PCM (who should be monitoring health records and be able to identify a pattern) thinks everything is legit, it is probably legit. If you STILL have questions, a quick conversation between the Commander and the PCM can clear things up and/or tip off the PCM to possible malingering.

Regardless, IMHO, this is really not your fight, it is the Commander's. Yes, you are the one on the front line, picking up the slack and seeing the problem first-hand, but this is one of those situations that is specifically on the Commander. If you have not already done so, you NEED to sit down with the Commander and discuss the way ahead.

Regarding the doing things on "off" time that she can't do during duty, I would recommend that you sit this Soldier down each and every time they get quarters and counsel them. Document on paper exactly what the Soldier can and cannot do. And then put it in writing that they are NOT to do any of those actions until date X or until re-evaluated by a medical professional. Have it come from the Commander, if possible to add extra weight. So if she cannot drive a GOV, then she cannot drive, period. Make it VERY hard on her to continue her shenanigans. One of three things will happen. 1) She has legit issues and will comply for the sake of her own health. 2) She is malingering, but will comply for the sake of her career. 3) She is trying to play the system and she will continue to say one thing and do another. Then, if nothing else, you have her dead to rights for disobeying lawful orders.

And if she says she can't come in because "quarters," call bull shit. VERY few doctors orders say that a Soldier can't come by to process paperwork. Literally every single time I have gotten quarters - to include the time I got it for infectious disease - I was allowed to stop by the office and drop off the quarters slip and check in with my NCO. And even if she, for some reason, CAN'T go to the office, you can certainly go to her house (or the doctor's office / hospital). After all - if she is so bad off she can't drive a GOV, it would only be PROPER for you to escort her home and make sure she is safe, right (bring a battle buddy / witness!)?
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CW2 Bde Ew Tech
CW2 (Join to see)
3 y
I was going to post the same thing about civvy docs..but if OP profile is up to date then they're at a Recruiting Station away from Military clinic so yes, civilian docs.
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SFC Team Leader
SFC (Join to see)
2 y
It looks like they are a recruiting command. Military docs may not be in a good travel radius. Even where I'm stationed in the panhandle they send us to civvy docs frequently. Getting a civilian doc to discuss any medical information is illegal and they probably will not give you the time of day.
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