Can I fight a Chapter 13 after failing 2 PT tests?

SPC Private RallyPoint Member — Tue, 11 Feb 2020 14:46:41 -0500

Through the entire month of August I was on medical con leave. Got referred to a civilian doctor. Was given a note saying that I’ve undergone surgery and need 30 days of Convalescent leave. I didn’t receive a profile for it and wasn’t given a specific rehab time.

3 days after my con leave ended, I got put on the gate guard detail. I was doing self rehabilitation by running to get back to where I was. October 9th, I had taken a PT test. Prior to, I told my leadership that I was going to fail it because I wasn’t anywhere close to the army standard in the run event. Got told to suck it up and move on.

After failing the Pt test, I was given my counseling statement from the commander and 1SG. The plan of action was “Remedial PT”. However, remedial PT never happened and I asked my chain of command when are we starting it and where will it take place. Never received an answer cause it wasn’t a thing. Since that was the case, I continued to do PT on my own to get where I needed to be.

7Jan2020, we took another PT test and again I had failed it. Commander initiated separation as he should because the regulation states it. Got put back on gate guard shortly after that PT test. Commander had told me that if he sees signs of progress and that I want this, I’ll be given another chance. 07Feb2020, I had taken yet another PT test and passed it.

Now I’m just waiting and continuing to go through with the separation process.

Response by MSG Private RallyPoint Member made Feb 11 at 2020 2:52 PM

MSG Private RallyPoint Member — Tue, 11 Feb 2020 14:52:51 -0500

Seems to be a lot of Failed PT tests in Rally Point lately with surprised Soldiers that this is real.

Response by SFC Private RallyPoint Member made Feb 11 at 2020 3:00 PM

SFC Private RallyPoint Member — Tue, 11 Feb 2020 15:00:52 -0500

So many things wrong with this...

You should have gotten a profile after you had surgery. I'm not sure why your PCM didn't give you one. Anything. At the very least you should have gone into sick call or your PCM and asked for one of some kind. First mistake.

Self-rehabilitation...are you a trained physical therapist or trainer? Probably not - so you probably really didn't know what you were doing. Second mistake.

You chose to take that PT test - and you had no profile so you weren't exempt from it. Third mistake.

How high did you go in your chain about "remedial" PT? Another mistake.

You then didn't go get any kind of profile after that test so you took the second - final mistake.

Lots of mistakes on your part and your leadership. Your best course of action is go talk to legal. Even if you tell them he said he'd give you another chance if it's not in writing...it's hard to prove.

I'd be at legal at this point.

Response by SSG(P) Private RallyPoint Member made Feb 11 at 2020 5:17 PM

SSG(P) Private RallyPoint Member — Tue, 11 Feb 2020 17:17:16 -0500

Go see your PCM. If you are recently injured, Recently had surgery, have any medical issue that could hinder you from performing your required duties, see your PCM. Request to see physical therapy. That’s who rehabs you. Your health is your responsibility and should be more important to you than anything else. Running All the time won’t help you run faster. It’ll agitate whatever the injury was though. Your phys ther will have you do exercises that increase hip stability, core strength, leg strength and endurance, and cardiorespiratory endurance, without only running.

Response by CPL Earl Kochis made Feb 11 at 2020 5:27 PM

CPL Earl Kochis — Tue, 11 Feb 2020 17:27:44 -0500

Third pt test passed then take the proof to jag and get a consultation

Response by SFC Melvin Brandenburg made Feb 11 at 2020 5:45 PM

SFC Melvin Brandenburg — Tue, 11 Feb 2020 17:45:25 -0500

Here's the bad news. But you might have an option left. If you had 8 years in service, or an NCO, you could request and receive a hearing. Prior to the 8 years, no guarantees. But it's worth a shot. Here's the possible option, and that is to take another PT test and pass it. Aside from that, you're basically screwed, but in reality you did it to yourself. So, you will have to fix this yourself.

Response by SFC James Cameron made Feb 11 at 2020 6:20 PM

SFC James Cameron — Tue, 11 Feb 2020 18:20:45 -0500

Timeline looks right with profile length x2 not to exceed 90 days on the APFT.

It also looks like your Chain of Command have you the benefit of the doubt and has 3 record APFT results showing failure.

Unless you can successfully take and pass an APFT like tomorrow and convince your Chain of Command to stop separation action, no.

It sucks getting hurt brother, and it’s really hard to come back from. The policy and guidance that SEC Mattis put out hasn’t changed. Deployable after recovery or civilian across the force.

Response by SSG Private RallyPoint Member made Feb 11 at 2020 7:16 PM

SSG Private RallyPoint Member — Tue, 11 Feb 2020 19:16:23 -0500

You are required to complete all aspects of the separation process, and once complete, the commander will make the determination to retain or separate. For legal purposes, you have to complete the entire purpose.

Response by SFC Christopher Taggart made Feb 11 at 2020 7:20 PM

SFC Christopher Taggart — Tue, 11 Feb 2020 19:20:07 -0500

SPC Yester, if everything you say is accurate, my first question is, where was your first-line supervisor? Unless my information is inaccurate, most companies, put the Remedial PT Program back on the Section Sergeants. He or she should've been getting you ready for your next PT test, by working with you after hours. You said something about not blaming your leadership...I would...your leadership begins with your Squad Leader or Section Sergeant. It’s unfortunate that a Chapter has been initiated...once it starts, that “snow ball” keep rolling. Let’s hope the damage will be minimal.