Legal Question in Military Law in Virginia

My wife is in the military and she has not been able to pass her pt test due to knee injury. She has to lose weight to pass with the waist measurement but cannot do very much because she has had knee surgury for said knee injury. She was told that she was going to be kicked out for failing pt but the only thing she can test on is her waist and the commander said he will not waive it. They are setting her up for total failure because she is in Physical Therapy and she is dieting but she cannot lose any inches off her waist because she cannot truly excersize. I want to know if they can do this legally. She has a profile stating her limitations and they are extensive, but they keep pushing the pt test on her because she can be measured. Can they really do this?


Asked on 7/13/10, 8:57 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

They can process her for separation, but all of those factors you mention need to be taken into consideration. The regulations require she be given sufficient time to bring her weight and PT scores into passing range. So long as they are respecting the profile restrictions, they can still require her to do the waist measurement. This happens regularly. Their view is that dieting can bring the waistline down, even if she can't exercise. The problem is that different people have different metabolic rates and it takes some people longer to lose weight just through dieting.

You should seek advice from a local JAG attorney on her base. If you would like to retain our firm to represent her, please feel free to contact us at 703-706-9566.

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Answered on 7/13/10, 12:13 pm


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