What can I do if my command is threatening me if I miss drill after having been injured in a ski accident and being unable to drive?

PFC Private RallyPoint Member — Sat, 07 Mar 2020 04:02:43 -0500

I am a NG member and was skiing the day before drill took a spill and badly injured my knee. I updated my first line SGT as soon as ski patrol had carted me off the mountain and sent the ski patrol report within 5 minutes of being released from first aid station, proceeded to drive straight to ER to be checked out since it was night skiing and everything was closed. ER tells me I tore my MCL and ACL but would need to wait for the swelling to decrease to do an MRI, they put me in a knee immobilizer and gave me crutches, told me to call a orthopedic specialist in the morning, provided that documentation to first line in real time while in hospital. First thing in the morning I call a local orthopedic specialist to get an appointment scheduled and have as much documentation as possible. First line tells me to take care of myself and keep updated if I will be late to formation. They cleared some time to see me same day so I could get looked at before drill. Update first line again. An hour before the appointment I receive a text from first line warning me to cancel my appointment that the 1SG and CO have threatened to mess with me and with my benefits if I go to the appointment and miss first formation. I inform first line again that I am in a doctor prescribed knee immobilizer and cannot drive with my leg stuck straight out, he tells me to take it off and drive to drill (remember the doctor provided it to prevent further ligament damage). The injury occurred on a Thursday night and I couldn’t go on Friday because of an order from my command. There is nowhere in this small town 200miles from where I live that can see me. So I will have to remove my immobilizer again to drive 200 miles and be seen on Monday. What options do I have? I have already checked the IG website which states that medical appointments are a reason to file a complaint but I don’t want to file a complaint that is denied and then be messed with by a command that has already told me they will mess with me.

Response by SFC Private RallyPoint Member made Mar 7 at 2020 4:48 AM

SFC Private RallyPoint Member — Sat, 07 Mar 2020 04:48:15 -0500

Hey PFC!
I'm retired after about 26 years AD, and I can only offer my personal experience. Also, I'm definitely not current on what regs apply, but my knee-jerk response would be: are they serious (your "first line")??? How can you have a subordinate SM who reported the accident timely and appropriately (and in accordance with regs, I assume), and then proceed to order that SM to endanger his healing, possibly causing not only the endangerment of fellow drivers, a long-term disability that may wind up not only possibly costing the SM his/her career, depriving the service of that SM's contribution to the cause, wasting all monies spent on their training up to that point, and lastly, possibly costing the VA mucho $$$ someday for the life of the SM. Like I said, I'm no longer current in regs, but I can tell you that during my career, I NEVER gave an order that would endanger a SM's health or welfare, and that's exactly what I think whoever gave you that order did. Please DO go over that individual's head (only after following proper procedure to avoid getting jerked later), and DO NOT try to drive with such an injury. Get yourself a JAG appt. and explore your possibilities. One other piece of advice I wish to give you is: after you have won this legal battle (which you will), you will need to watch your back in the future, meaning that I would IMMEDIATELY brush up on all UCMJ regs, and be able to quote those which may apply to you, document on paper, electronically or otherwise, everything anyone could question or attack about, take pics if possible/applicable, keep contemporary notes, and inform all peers in a timely manner of any incidents, write down names of witnesses, etc. Documentation and thoughtful, qualified explanations are key to getting a fair shake from people who are out to kneecap you, or at least to prevent their success. Sounds like alot, I'm sure, but with the passage of time your reputation for excellence will speak for itself, and no one will try to get you unless you screw up in a major way, in which case you get what you deserve. In any case the story you relate above is not OK, and I wouldn't stand for it! I'm not a lawyer and was never in JAG so this is just one man's opinion, but I hope some part of my answer is helpful to you, as your situation seems acute. Thank you for your service!
Warriors Forever!
-Ed Boles

Response by CSM Darieus ZaGara made Mar 7 at 2020 4:59 AM

CSM Darieus ZaGara — Sat, 07 Mar 2020 04:59:23 -0500

Stop discussing with a SGT. And have this discussion with your 1SG. Provide all documentation. If they are unreasonable ask to inform the CSM.

Response by SGM Private RallyPoint Member made Mar 7 at 2020 8:32 AM

SGM Private RallyPoint Member — Sat, 07 Mar 2020 08:32:30 -0500

Good on you for informing MDAY first line leader. But this is the Guard, and you need a SUTA K or authorized absence, and only the CO can authorize that.
All of that information needs to go directly to the Readiness NCO and the CO.
Pro tip, no one in your chain of command has the authority to direct you to cancel a medical appointment.
If they send you an AWOL LOI, that letter of instruction dictates how you can reply and provide the necessary medical information, (and email proof that you provided it prior to drill), to have the commander change that AWOL to an auth absence.
If they leave it as AWOL, then I would take that to IG.

Response by MSgt Private RallyPoint Member made Mar 7 at 2020 8:58 AM

MSgt Private RallyPoint Member — Sat, 07 Mar 2020 08:58:08 -0500

I don’t know what they call it in the army but in the Air Force we have an airmen defense council who can look at legal issues and can protect us from situations like these where you have toxic leadership that are using their authority in a unsafe practice. First try using your chain of command. If your supervisor is unwilling to help you go to the next person above them and so on. If no one is going to listen to you then I would talk to IG or the JAG. There is no reason for them not to be able to reschedule your drill to another day to be made up.
If you know you did nothing wrong don’t worry but don’t just sit back and wait for something to happen you are going to need to talk to someone soon. Good Luck and get well soon.

Response by CWO3 Private RallyPoint Member made Mar 7 at 2020 9:54 AM

CWO3 Private RallyPoint Member — Sat, 07 Mar 2020 09:54:53 -0500

Roll with the punches and stay positive. Often there is a line of duty/misconduct investigation when a serviceman misses duty. If you were on authorized leave and doing nothing illegal, you will likely be ok. Otherwise it's up to your command. If you were outside liberty limits, impaired etc. they could come down on you. Get a medic to eval you and go from there. If you are mobile they may have you drill while on limited duty, and assign you accordingly during drill. Sounds like you are not, so use any comms to resolve. Commanders don't usually override a Medical decision, unless it's mission critical. Unless you have spoken directly with 1stSgt, you are getting second-hand information. From your actions and documentation you SHOULD be ok. If not run it up the flagpole.

Response by SFC Private RallyPoint Member made Mar 9 at 2020 4:31 PM

SFC Private RallyPoint Member — Mon, 09 Mar 2020 16:31:17 -0400

Your PSG should of made all the calls to your readyness NCO, 1SG and received approval from the CO before drill. Providing you copied everyone with all of your supporting documents. CC everyone on emails which support your paper trail showing everyone you went trough all the proper channel. The Guard also has trouble with some Joe's skipping drills and CO also answer to their BC's. Stay positive take care of your career and do the right thing.

Response by Al Reynolds made Mar 10 at 2020 1:57 AM

Al Reynolds — Tue, 10 Mar 2020 01:57:59 -0400

That's why the Navy has ships. The whole idea is to keep everyone contained and on watch. That system .... having ships and all works...