Legal Question in Military Law in Florida

Command refusing to process medical discharge request

I have been diagnosed with a medical condition by my civilian doctor and he does not want me to go to drills until a medical review board determines that I am fit for duty. I was just made aware that my father was discharged for the same reason. My unit refuses to send me to a military doctor and the IG told me to follow my civilian doctors recommendation until they send me to a military doctor. The unit refuses to process any medical discharge request and they told me to disregard what my doctor said and report for drills. I completed basic training and have not completed AIT. However, I am currently stateside, not federalized. My health is the most important thing to me right now. Who should I listen to and can they pull a fast one on me by placing me awol? Does the National Guard face the same consequences as active duty for awol? Do you have any suggestions and should I retain legal representation?


Asked on 7/15/07, 6:03 pm

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

Re: Command refusing to process medical discharge request

You seem to have an interesting dilema.

I handle Military Separations and Retirements: http://www.eisenberg-lawoffice.com/MilitaryRecords.aspx#2

Feel free to contact my office to set up an appointment if you�d like to talk about your case. I offer free, initial consultations and would be happy to initiate the teleconference in order to save you in long distance charges.

Either way, good luck!

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Answered on 7/15/07, 6:11 pm
John K. Harris Attorney at Law

Re: Command refusing to process medical discharge request

There are procedures you must follow in order to be separated from the military. Feel free to contact me if you need help.

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Answered on 7/15/07, 10:41 pm


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