Legal Question in Military Law in Texas

I'm an U.S Air Force Reservist that got injured on a deployment overseas during Operation Enduring Freedom.I was on Medical Continuation Orders for my treatment and follow-up appointments.In January 2010 I was told that I needed to see a military doctor and get his recommendation to see if I qualified to remain on active duty medical continuation orders. I saw the doctor as instructed and after the exam and reviewing my medical records he recommended to Air Force Reserve Command ( AFRC) that I should remain on medcon orders.I'm also undergoing an MEB process. But on April 15th the Air Force Reserve Command terminated my orders in spite of what the military doctor recommended.Department of Defense Policies and Directives and USC Codes state that they must keep me on orders until final disposition of my case.My question is, does AFRC have the right to terminate my medical continuation orders by completely ignoring all established regulations and directives?

Thank you for your assistance.I'm sorry I can't pay for this question to be answered.I'm not recieving any money and I'm unable to return to my civilian employer due to my physical and duty limitations.However, I am very greatful to you for any assitance.

MSgt Hector Suarez

433 AMXS

Lackland AFB, Tx


Asked on 5/31/10, 9:46 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Your orders probably should not have been terminated. You would normally be kept on active duty until the MEB process is completed. Is your MEB still on track or has that been stopped too? That should continue so that they can determine your level of disability and what should happen to you.

Good luck. Please feel free to contact me if you have any additional questions.

Read more
Answered on 6/01/10, 6:50 am


Related Questions & Answers

More Military Law questions and answers in Texas