Cmd Authority: What regulation allows Commanders or Command elements to assume medical treatment plans or limitations are a recommendation?

2015-12-16T04:51:32-05:00

I really need help with this one regulation buffs? AR 600-20 changed in 2007. What I found void, was Command authority regarding profiles. Leaning to AR 40-501, I found that Commanders who disagree with medical limitations must dispute the matter beginning with a provider, but may dispute as high as a Hospital Commander.
I've seen my share of Commanders and Command elements losing careers based on use of their discretion that proved to be personal versus law or regulation derived. I've seen my share of death and permanent injury due to Commanders and Command elements assuming medical opinion as advisement they have discretion to override in uniform and in my current career. Assumption is personal when it comes to Command authority and has proven itself to be costly. Law and regulation protect decision makers and those that are subject to authority. NCOs protect and advise Commanders on regulation. What regulation can you find regarding this subject and what is your opinion?

Response by CPT Mark Gonzalez made Dec 16 at 2015 7:12 AM

2015-12-16T07:12:14-05:00

There is a new profile that will be out shorty where the commander has to sign it for it to be valid. Currently a commander cannot unilaterally declare it invalid.

Under current regulation everything you say above is true. I also recommend a commander can talk directly to the provider and their supervisor about any profile. Sometimes you have inexperienced , but well intending providers writing these things and upon review they are willing to change what is written.

Personally, I have also sent profiles to my boss and trial counsel for review as there are limitations to what a provider can write for, specifically when they involve AR 670-1 exceptions to policy.

I highly recommend the commander just approve most profiles and the ones that seem unreasonable they should talk to their surgeon or the issuing provider as they may have more information.

Response by 1SG Private RallyPoint Member made Dec 16 at 2015 11:59 AM

2015-12-16T11:59:35-05:00

As a peer I would offer this:
If my commander were entertaining the idea of overriding a profile (regulations be damned), that is something I would go into his office, shut the door, and get into his a$$ about. There is just no valid or defensible reason to risk aggravating or permanently injuring a Soldier because the CO thinks he's smarter than the doctor. If he went ahead anyway, I would make a memorandum for record and keep it handy in case it was needed later.
I owe it to the commander to keep him out of trouble, and I owe it to the Soldier to take care of his medical needs.
I hope this helps, 1SG Henry Yates.