What can you do when your commander is attempting to get into your medical records to attempt to medically separate you?

SSgt Jerome McKinnon — Fri, 03 Jun 2016 19:35:52 -0400

Response by SrA Private RallyPoint Member made Jun 3 at 2016 7:38 PM

SrA Private RallyPoint Member — Fri, 03 Jun 2016 19:38:21 -0400

I'm pretty sure only you and medical personnel are allowed to see your medical records

Response by SPC Rory J. Mattheisen made Jun 3 at 2016 8:42 PM

SPC Rory J. Mattheisen — Fri, 03 Jun 2016 20:42:29 -0400

Enjoy the ride.

Response by CSM Michael Chavaree made Jun 3 at 2016 9:50 PM

CSM Michael Chavaree — Fri, 03 Jun 2016 21:50:21 -0400

As a 1SG with assumption of command orders, I get every profile over 7 days, medical evaluation board documents, appointments, and MEDPROS reports to include dental on all my Soldiers. This allows me to know the limitations of my formation and can work with healthcare professionals to ensure the SM and unit are at a high rate of readiness.

Response by SSG Private RallyPoint Member made Jun 3 at 2016 10:16 PM

SSG Private RallyPoint Member — Fri, 03 Jun 2016 22:16:38 -0400

Lets be a little more clear. Your Commander can not grab your medical records and browse through them. (unless you sign the release and that's stupid) The Commander makes a request to your PCM or BDE Surgeon for- say a competency reason. The PCM will check and see if there is a concern, if so that, and only that information will be shared. Some auto-shares are... suicidal, homicidal, threat of harm to self or others, HIV positive, vague BH issues. Generally the PCM's will alert the Command if your durty status needs to be changed. This is why knowing if you are on flight status is important, as there are more reasons the Command needs to be notified of your inability to fly aircraft.

Also if you have a profile, the Commander may ask for more explanation. ie the Profile says 'No Field Duty' and thats it. Of course the Commander will want more information and will request it be provided.

Your profile alone can be grounds to start a medical separation, even if you don't want one started. Also, excessive appointments can be considered malingering, and the Command can ask the PCM to verify the validity of the appointments.

My reference is I was WTB Cadre for four years and dealt exclusively with Soldiers with complex medical care issues.

Response by CSM Darieus ZaGara made Jun 4 at 2016 8:16 AM

CSM Darieus ZaGara — Sat, 04 Jun 2016 08:16:42 -0400

Commanders are authorized to have records reviewed for possible medical discharge. There is nothing you can do.

Response by Lt Col Private RallyPoint Member made Jun 4 at 2016 4:19 PM

Lt Col Private RallyPoint Member — Sat, 04 Jun 2016 16:19:21 -0400

Anyone in the coc that is under G series orders is authorized to be privy to medical issues of personnel in their unit.

Response by SGT Aric Lier made Jun 7 at 2016 8:20 PM

SGT Aric Lier — Tue, 07 Jun 2016 20:20:13 -0400

failure to train is part of ucmj. if a piece of crap finds ways to be a sick call ranger and doesn't think theres recourse they are totally wrong. also my favorite UCMJ violation states if I cannot charge you on the original violation that was brought in to question I can charge you under this violation.
also being pregnant doesn't save you as it brings into question of the sexual intercourse yep they can ask was it a spouse, was in missionary, were you covered by a sheet all violations.
ike · Reply · Just now

Response by SSG Private RallyPoint Member made Jun 7 at 2016 9:52 PM

SSG Private RallyPoint Member — Tue, 07 Jun 2016 21:52:29 -0400

Your commander has the ability to legally know what is going on with you medically. However, at least in the Army, it is medical providers and not commanders that start and run the medical discharge process.

Response by TSgt Private RallyPoint Member made Jun 7 at 2016 10:28 PM

TSgt Private RallyPoint Member — Tue, 07 Jun 2016 22:28:23 -0400

Sadly for your commander; and thankfully for you; HIPPA prevents your commander from doing that. And your PCM should be saying the same thing. Now your commander can do a line of duty determination based on the recommendation from your PCM.

The only way to for your commander can get your records would be for YOU to sign a release form. DO NOT DO IT!!!!

Response by PO1 Private RallyPoint Member made Jun 9 at 2016 10:00 AM

PO1 Private RallyPoint Member — Thu, 09 Jun 2016 10:00:46 -0400

I think the big question you should be asking is "am I prepared to become the "Test Case" before the United States Supreme Court in regards to HIPPA and the military?" You can fight anything up to that point. The question is whether or not you are up to that legal challenge.