Posted on Jan 28, 2017
Can command make a soldier cancel an upcoming surgery due to training?
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Long story short. Had a surgery date for Dec. Was put on a short TDY assignment so I had to reschedule. Now I'm close to getting back to my unit, and I was told yesterday that I will have to cancel my surgery in March because the unit is going to JRTC. Was also told that I'm not allowed to reenlist and set my PCS date to April because of JRTC as well. I know it's mission first but is this allowed?
Edited 8 y ago
Posted 8 y ago
Responses: 5
Short answer. Elective or cosmetic surgery; probably have to adjust around training or take leave. Doctor ordered surgery; you would be on profile with a surgery date and we wouldn't be having this conversation. That's what I've experienced.
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SPC (Join to see)
The surgery is for a Deviated Septum, took me a while to get the referral for it and get the appointments out of the way in order to work up to the surgery, that's why I don't want to just give it up and restart the process after my PCS. Not to mention of how bad it would look getting to a new unit and immediately trying to schedule a surgery. Could I get into trouble (Article 92 type trouble) for reenlisting with a PCS date in April even though my unit wants me to PCS in May?
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To start, if you're eligible to reenlist, your command cannot choose when or how you reenlist, where you go, or when you leave. However, if you are not medically eligible to move your assignment will be canceled until you are cleared.
Your command cannot cancel your surgery for you, and unless it's an elective surgery they can't order you to cancel it yourself. However, they can take you to JRTC while you're recovering. It's not pretty, but it happens.
If you're told that you need to cancel your surgery, your best option is to go to IG and make an inquiry into the policy. If will inform you and the command of the correct course of action in your situation. Most if the times it's just an overzealous team leader or squad leader overstepping their bounds and they don't have the legal authority to order you to cancel a surgery, or even the backing of the commander. Commanders are rarely behind decisions that put undue hardship on their Soldiers.
Your command cannot cancel your surgery for you, and unless it's an elective surgery they can't order you to cancel it yourself. However, they can take you to JRTC while you're recovering. It's not pretty, but it happens.
If you're told that you need to cancel your surgery, your best option is to go to IG and make an inquiry into the policy. If will inform you and the command of the correct course of action in your situation. Most if the times it's just an overzealous team leader or squad leader overstepping their bounds and they don't have the legal authority to order you to cancel a surgery, or even the backing of the commander. Commanders are rarely behind decisions that put undue hardship on their Soldiers.
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SGT (Join to see)
This, talk to IG. You don't even have to file a report, you can call them and get guidance. Also if you go to see them versus calling them, DO NOT just leave your place of duty to go speak to them. Your command shouldn't keep you from seeing IG or using an open door policy but you have to make sure you're not disobeying orders, leaving your place of duty, or being insubordinate. Best of luck to you and I hope you get the surgery you need.
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I'm going to reenlist this Monday and PCS to a new duty station. I was going to set my PCS date to May so that I had time for my surgery and recovery, but since they're going to make me cancel my surgery so they can play the numbers games with JRTC, I see no reason to not just set my PCS date to April instead. I"ve never had a problem with my chain of command and certainly never had a problem big enough to have to use an open door policy, and I'm hesitant to even now unless I'm certain that I'm in the right when doing so. Can they make me cancel my surgery and can they decide when I can and can't PCS? Or is that something I can choose on my own without any command influence?
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MSG (Join to see)
Once you come down on orders, the date to PCS is the date you PCS. In order for those orders to be changed/deleted by your unit........they would have to REALLY pull some strings.
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SGT (Join to see)
Yes and no. Depends on the surgery. If it's elective or can be pushed back without harm to you then yes.
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SSG Randy Willingham
MSG (Join to see) - a new set of orders would have to come down to resend the pcs orders he recieved, unless that happens the pcs will take place on that date of the person will be listed ad AOL if not reportin to the new duty station
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