Legal Question in Military Law in Texas

enlistment contracts

My son has been diagnoised with PTSD by 6 different Dr.'s the Army has sent him to. It has been recomended that he enter WTU. 6 months after the 1st diagnoisis with no treatment he went AWOL for just over 30 days and returned on his own. Now the Army is telling him he will be demoted from E4 to E1. I feel along with the current Dr. the Army has sent him to see that he would not have gone AWOL if he had been in a treatment program. Doesn't the Army have a contractual responsibility to their soldiers? Can they be sued for breach of contract ?


Asked on 8/28/08, 4:34 pm

1 Answer from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: enlistment contracts

More likely than not a person in your son's situation is precluded from suing the federal government/military due to the Federal Torts Claim Act. Someone in your son's position needs to make sure that their rights are protected. Is your son going through a military medical review board?

My office handles situations similar to your son's. You 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 8/28/08, 10:22 pm


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