Legal Question in Military Law in Rhode Island

Injured during basic training
I was in basic training at Fort Benning, where I was injured; I broke part of my hand t. I was recommended to go on convalescent leave back in October, but my Drill Sargent's said to hell with it and ignored it. I was with my training company the entire cycle. Throughout these 15 weeks I was on a dead man's medical profile. I was not placed in a recovery unit nor was I given any physical therapy. On top of all this I was also not being paid, despite several request to gt the issue solved nothing was really done about it until the day before I left on convalescent leave about a week ago. The only reason I got convalescent leave this time is because I had gone on my own to pretty much beg one of the doctors in occupational therapy that I needed to go home. Psychologically i was in torment as well I was mistreated by other privates in my platoon because I was ''broke'' and unable to train so they would verbally abuse me and give me extra duties. I had requested to speak to the chaplain on several occasions but nothing ever happened. Now after being in basic training an entire cycle i am being faced with a day one restart. My motivation at this point is 0, is there any way that upon return I can ELS by not signing restart papers?

Asked on 12/12/07, 1:32 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: Injured during basic training

Training accidents happen. You don't get a free pass because you were injured. You need to do the right thing and go back and complete your training.

Right now you're feeling a little sorry for yourself because of the way you were treated. You can let that system beat you, or you can go back and beat the system. The issue is really one of whether you want to be a winner or a loser.

If you ask for administrative or medical separation it might be granted, but you'd always wonder if you could have measured up.

Every day Lawguru gets questions like "I got out of basic training because of [fill in the blank] I am older now and more mature. Can I get my re-enlistment code changed?" The answer, in most cases, is no.

Military life is not easy, but then again, nothing worthwhile ever is. You have to look at yourself in the mirror the rest of your life. The decision you make will follow you. Consider it carefully. If you want out, go see the commander and ask for an administrative separation. But understand that the military has no obligation to grant you one unless you meet the criteria, and that once you meet that criteria, there is no going back.

Talk to your parents and friends and make the best decision you can.

Regards,

PS: I spent six years in the military, and I almost dropped out in Basic Training. The Captain would not let me. He told me to suck it up and work harder. It was the best advice I ever got in the Army.

Answered on 12/13/07, 12:49 am

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