Legal Question in Military Law in Missouri

Injured During Basic Training

Our son developed a stress fracture

of his tailbone toward the end of

basic training but did manage to

complete basic. The stress fracture

was diagnosed at the beginning of

AIT, after which he attended

classroom training but could not

participate in physical activities.

He�s been on crutches for 2 months

and the doctor has said it could

take at least 6 months to heal. He

has not been able to keep up

training with his company. For the

last 6 weeks, he was told he was

going to be recommended for

separation, but that got dragged

out. Yesterday he went for his final

physical, at which time the doctor

told him the rules changed as of the

day before and that he would now

have to see an orthopedic doctor

and be med boarded, a process he

was told would take another 4-6

months. He has become so

frustrated by the constant delays,

aside from the pain, that he is just

ready to get out and recover at

home. What options does he have?


Asked on 6/26/09, 1:09 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Injured During Basic Training

The one thing he must not do is disobey orders and he must not go AWOL. He may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 6/26/09, 2:16 pm
William J. Holmes Attorney at Military Law

Re: Injured During Basic Training

I am sure that your son is very frustrated by the way this case is dragging out. However, it will likely turn out to his benefit though. I do not think the rules changed the day before his visit, but it is good news that he will be given a medical board. What that means is that he will be given a discharge because of his injury. He also will be entitled to compensation for the extent of his injuries and disabilities. He should be receiving treatment and medication now. Once the doctors conclude that this will be a permanent injury, he will go through the medical discharge process and likely be separated with severance pay or possibly even medical retirement.

The medical board process can be difficult and you likely will need to consult with an attorney to make sure that he is treated fairly and given the correct disability. Please feel free to contact me at any time if I can be of any further assistance.

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Answered on 6/29/09, 1:16 pm


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