Legal Question in Military Law in Florida

my brother is reserve soldier, he got back to military life last january in order to get a new training, but at the physical trainig, he got injury, a fissure on his hip, now his life is a hell ... somebody talk to him about "failure to adapt". he is elegible for that?? how long does take to him, get out from military?? he can get back when hes better??

Asked on 4/21/10, 9:08 pm

1 Answer from Attorneys

Failure to adapt is an administrative separation based on conduct due to person�s psychological status; not for a physical, medical problem. A failure to adapt separation carries some stigma.

Based on the scant information provided (not entry level soldier?), his command should be processing a medical board. Medical boards are more complicated, take more time and are more expensive for r to the command/government and lengthier.

There must be a board convened to separate soldiers under most circumstances, including failure to adapt and medical reasons.

Whether a soldier will be able to enlist again after he is discharged will depend on the results of each board, the recommendation of the board and the ultimate decision and discharge approved.

Your brother has a right to consult with an attorney provided by the Reserves. He should request an attorney�s assistance.

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Answered on 4/27/10, 11:22 am

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