Legal Question in Military Law in North Carolina

Administrative Discharge

To begin with I'm not trying to falsily blame the Military for anything. I have brought everything on myself.

Well I have failed my 2 semi annual PFT's (not on purpose) and am now facing an Administrative Discharge. I have leg issues which are pending an evaluation with a Surgeon that are keeping me from doing any high impact running which is what I need. I also feel that this has influenced my ability to run in the past.

I accept the fact that I have not complied with the standards and yes I could have trained extra on my own time to prevent this. Well now my CO has given me 2 months till the next PFT to pass the test. With leg issues I don't see this being very possible. He says that if I don't pass then I get ad sep'd and that the ad sep will take longer than my EAS which is in 18 months. Is this just a scare tactic to ensure that I put forth my maximum effort or can/will they play games such as that? I see the Doctor next week so if he gives me a clean bill of health or at least says that I can train without further injuring myself then I may be able to get back within standards in time. Any help would be great. (I don't feel comfortable talking to anyone at my base and I can't afford a civilian lawer unless eccential)


Asked on 4/25/07, 6:20 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Administrative Discharge

Its doubtful you need a lawyer at this point. See the surgeon and get the medical diagnosis. If you can train, train. If you cannot, they cannot separate you for administrative purposes, but I suppose they could for medical reasons. Assuming what's wrong with your leg is fixable and can be fixed, then a reasonable amount of time post injury for rehabilitation should assist you in meeting your training goals.

Rehab, and physical fitness, are like eating an elephant. You eat an elephant one bite at at ime. You train and you rehab one day at a time. You put forth the maximum effort every day. If you do that, you will be retained.

It is interesting to me that the military has gotten so gung-ho on PFTs since when I was in in the late 70s the only real sanction for being overweight, etc., was a possible bar to reenlistment. Now it appears they are actually pretty serious about it. Given that situation, I would think if you want to make the service a career, you would do what you need to do in order to meet your goals.

Good luck.

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Answered on 4/26/07, 8:59 am


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