Legal Question in Military Law in Arizona

Injured During Basic Training

My son was injured during basic training. He completed it but with some pain. Now in his AIT he's got to have surgery on his right shoulder, that is pretty much shot and will never be the same. Their doing the surgery then going to do therapy for a couple months then basically giving him the boot out of the military. He doesn't want to leave but they pretty much used him up. Is there anything he can do from keeping himself from being booted out? He wont have any job skill nor will he be able to do any physical labor again. His plans were to finish his first 3 years then on to college while in the military. I just dont want to see him screwed out of a future. Thanks


Asked on 6/22/09, 9:05 pm

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Injured During Basic Training

Because the injury appears to be service related, the Army has an obligation to take care of him; thus the surgery. More important is the determination of whether his shoulder can be repaired sufficiently to make him fit to continue. If not, the Army will refer him to a Medical Evaluation Board where particular rules apply and Army doctors will determine whether he should be separated. Typically, younger Soldiers do not have sufficient time in service to be medically retired. More often they end up receiving a medical severance payment and depart having to follow up with the VA. My experience yields that it's often helpful to have a civilian attorney involved in the process to ensure the Army closely considers the Soldier's actual condition(s).

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Answered on 6/26/09, 11:56 am


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