Can the acting Com/1SG push for a med chapter?

2019-09-07T12:33:08-04:00

I have a soldier that injured his knee and the PT recommended him to Ortho for exploratory surgery to find the source if the pain. The commander denied it based on the amount of con leave. The soldier was then informed that he was being chaptered for failure to adapt even though he is beyond 180 days. The SM just found out the chapter is for the knee and ironically what would have been the date for the con leave for the surgery has long passed. The SM is also being denied a meeting through open door and not allowed the time to go to JAG or IG. He has also not failed a PT test. Thoughts on the SM course of action?

Response by SFC Marc W. made Sep 7 at 2019 12:40 PM

2019-09-07T12:40:50-04:00

I feel like a lot is missing from the story. No one can arbitrarily deny the open door policy or IG or legal. Denying con leave doesn't equate to denying the surgery. Also denying medical treatment seems a bit far stretched in terms of the commanders ability, but I don't know for sure on that one SFC Private RallyPoint Member is the regulation master.

Response by SFC Private RallyPoint Member made Sep 7 at 2019 12:56 PM

2019-09-07T12:56:02-04:00

This sounds like one of those situations where there's a whole lot of vague implications in the air. For instance, did the SM specifically tell his leadership that he was going to use the open door policy and was refused, or did he ask and their team leader discourage it? Who specifically is denying the SM?
As for the chapter, it sounds like they are going to request a 5-17, which is for medical reasons that are untreatable or don't warrant a med board. An exploratory surgery could be considered optional and so the commander can deny the convalescent leave.
All around this sounds like a failure of lower level leadership. A Soldier absolutely cannot be denied the chance to see IG. In fact, all they have to do is make a call. Or they could just say, "Today at xxxx time I am going to JAG". Then they go.
Also, keep in mind that the BDE CDR is the approval authority for a Chapter 5-17 and since it's medical related, the unit medical provider would be expected to have reviewed the case before JAG blesses it off to the BN CDR for endorsement and the BDE CDR for approval. Those are all good spots to stop the 5-17 from going through. Sometimes, it seems to company Commanders and 1SGs may seem to have an unlimited amount of power. But the tools that they wield are programs with checks and balances at higher levels, managed by senior NCOs. On top of that, no BDE CDR wants to chapter a brand new Soldier. You have to make a pretty outstanding case to get a BDE CDR to approve a chapter for a brand new Soldier who has no misconduct.
My suggested COA is to utilize the Open door policy of the CSM first. The CSM has a lot of power to squash stupid things quickly.
If that fails, an email or call to IG is second.

Response by SGM Bill Frazer made Sep 8 at 2019 11:21 AM

2019-09-08T11:21:35-04:00

A lot of something doesn't add up here. Open Door is Army wide ans can't be denied, even if you have to go higher.Technically I find it hard to believe that a 1SG even acting as the Acting Cmdr can sign off on a Chapter. Also the CDR/1SG can really y deny the recommendations of the Med people, particularly if it is PA or higher.