Posted on Jul 6, 2022
What steps could I take to discern the truth about possible malingering without overstepping my authority?
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I have a soldier that has been wearing a foot brace since coming to the unit a few weeks ago. He has not provided me a profile. During a meeting with 1SG, he explained that its not in the system and he doesnt know why but that his medical condition is legitimate. In fact, there is no records of any profiles for months. 1SG seems to accept this but the SM has a history of being a problem soldier from the previous unit and I don't buy it. He is unable to assist our team in any meaningful way. I heard from another soldier that he has been wearing this brace for an extremely long time. What steps could I take to discern the truth without overstepping my authority?
Article 15
UCMJ
Counseling
Profiles
Posted >1 y ago
Responses: 10
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If he thinks he is not fit for duty, but there is no medical documentation to support that, then you (actually your CDR) needs to immediately command direct AND (you) need escort him to a med appt to determine if he is fit for duty.
In the mean time, continue to assign all duties as required, as there is no existing profile to violate.
Profiles, IMRs, etc, are individual records in MEDPROS, they don't get "lost" between units or just "not show up in the system".
In the mean time, continue to assign all duties as required, as there is no existing profile to violate.
Profiles, IMRs, etc, are individual records in MEDPROS, they don't get "lost" between units or just "not show up in the system".
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COA 1) No profile present on hand nor in system, then they should be ordered to remove that brace. If there is not one shred of documents supporting the wear/need for this foot brace, then the foot brace needs to go the way of the DoDo bird.
COA 2) Send them to medical to get evaluated to see if the "medical issue" is real or not. If it is, then no harm, no foul (as it were), and then they would have an actual valid profile with an end date and uploaded into the system.
If the profile is NOT in MEDPROS nor on hand, then the Soldier is bullshitting. 1SG sounds like they are throwing a bone with benefit of the doubt...but I say screw that noise. If they refuse to remove the boot because no profile exists NOR wants to go get evaluated at Medical, then I highly suggest you counsel your Soldier that you are recommending UCMJ actions for violation of Article 83.
COA 2) Send them to medical to get evaluated to see if the "medical issue" is real or not. If it is, then no harm, no foul (as it were), and then they would have an actual valid profile with an end date and uploaded into the system.
If the profile is NOT in MEDPROS nor on hand, then the Soldier is bullshitting. 1SG sounds like they are throwing a bone with benefit of the doubt...but I say screw that noise. If they refuse to remove the boot because no profile exists NOR wants to go get evaluated at Medical, then I highly suggest you counsel your Soldier that you are recommending UCMJ actions for violation of Article 83.
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CPT Lawrence Cable
I would only suggest that Course of Action 2 should be first. Send him to medical to be evaluated and to get a copy of his profile. If they don't have it, it probably doesn't exist.
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