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Who can stop my leader from abusing me and ignoring my medical profile?

I'm currently going through a medboard. I am not eliglible for WTU because of time remaining in service (I am on 90 day extensions). I was supposed to ETS in November 2011. Is there anything that protects the Soldier from neglect and undue harassment from chain of command? Example: I had a back procedure and was told to come back to work before the rest period ended. I have had a car accident due to my medication and my chain of command is violating my profile. It has already caused a fracture in my neck and broken ribs.

Abuse of subordinates will not be tolerated. If the situation is as you state, it needs to be brought to the attention of your chain of command. If you cannot speak to your platoon leadership I would recommend approaching company leadership. If this is not possible, go to battalion leadership. You should be able to find a disinterested leader that will look at the issue from a factual and unemotional perspective. You need to be sure to present your case in an unemotional, factual, and professional manner. Do not become emotional, unprofessional or base your argument on assumptions or you will lose credibility.

Now if you were ordered to come in before your rest period was complete you will need to have proof of the order. If you have been ordered to violate your profile you need to bring this to the attention of your chain of command.

posted on 04/18/2012 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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    Comments

  • Thomas Grace

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    I am currently in the WTB. there is an upcoming “in Ranks” inspection that is at 0630 in the morning. My permanent profile clearly states that I am to report “late” due tot he effects of the medication that I take. I have asked my chain of command and my first Sgt. has stated that I must come in anyway. I live 75 miles from the base and would have to get up at 4AM to get to formation by 0630. Leaving that early would have me driving to work under the influence of medication which is in direct violation of my medical profile as well as the reccomendations of the doctor.

    • SGT NICK

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      I always thought there should be a limit to how far soldiers can live from base, like what metropolitan police and fire departments do. A good average is 35 to 45 miles max. You can bring it up to your commander or CSM for review there is a lot of politics in WTB units now because of the bad publicity they have been getting lately.

    • Mark Gerecht

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      Thomas,
      First thanks for your service and I trust your recovery is going well. Here is the view from my foxhole on this issue. I am not sure your profile would stand up to scrutiny by medical review, but I am not a doc. In this case as a Soldier I would have sought a solution to assist my 1SG. Perhaps: staying the night at a friends house locally, maybe staying in a hotel the night prior, or taking your meds a little earlier. There is absolutely no excuse for you to drive under the influence, nor can you be ordered to do so. Following such an order would most likely be illegal and then you would be at fault for following the order if you were stopped by the police. Soldiers are not to follow illegal orders. I understand this is somewhat of a catch 22. Depending on the specifics of your case as a Senior leader in your unit worried about your health and welfare I might consider requesting revocation of your privilege to live off base and drive during the week for your safety, the safety of others, and to ensure you can be at work on time. 75 miles is a bit extreme in my opinion. With all of this stated if you have a medical profile that states what you have explained the command cannot violate your profile. At this point your concerns should be raised of the chain of command if you are unwilling to compromise. Just understand the chain of command has alternatives such as the ones I stated above. Then you might be in a position your really don’t like. It might be wise to bend once in a while as flexibility tends to build compassion and empathy. While being firm typically brings emotions and stronger actions to bear on an issue. There may be facts regarding your specific case that make this acceptable but based on my experience they would have to be very extenuating. You can also request assistance from the IG, Patient Affairs at the hospital, Medical staff, and/or JAG if you feel your right, safety, welfare, or medical status has been violated. I recommend attempting to solve the problem at the lowest possible level. It usually obtains the best results.
      Hope this helps you to some degree.
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      TOP

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