Subpar Medical Care Navy/ UA

[Grandmaw]

What is the name of your state (only U.S. law)? Virginia

My Sailor son has been trying to get medical care for his back since Aug. 08. In order for him to see a doctor he has to go thru the HM1 (there aren't another doctors on this ship)on his ship...He has visited the emergency room on numerous occasions. They didn't do any sort of test and just gave him pain pills. In October he finally got to see a doctor that's not on his ship...but assigned to his ship...he set him up for an MRI and the appointment was schedule for 6 weeks away...when he got the MRI they only did the lower portion of his back and while that part does hurt, the upper part hurts even more. The MRI says he has a disc protrusion on the lower back. He has another MRI scheduled for the end of January for the upper back. He has been on major pain pills yet they continue to assign him watches, berate him for not being able to do his job. Not only am I worried for his safety but that of others. But here's the dilemma...He was suppose to report for a one day underway...as he was lifting his sea bag to go to the ship...he hurt his back even more...so he went straight to the ER...The doctor the set him up for an appointment for physical therapy, recommended pain management, and for him to see an orthopedic surgeon. While in the ER he talked to the first class in his division and let him know he was at the hospital. When the ship returned....all heck broke loose...they said he was UA and now has to go to the Chiefs board and then possibly to Captain's mast.
What do y'all think is going to happen at the Chiefs board and if he goes to the Captain's Mast should he get a JAG lawyer as a representative.What is the name of your state (only U.S. law)?

[ERAUPIKE]

By the tempo and tone of your post I can tell your mind is already made up that he is innocent. The truth of the matter is he is not innocent of being UA. There are exigent circumstances of course that may help him with proper documentation. First and foremost an HM1 is little more than a medical advisor. The corpsman like the naval flight surgeons are not Medical Doctors in any way shape or form. The DRB is a review board that is set up to recommend any required further action by the command. If the charges against him are invalid and he can provide the proper documentation for his trip to the ER then he should be able to get his Chiefs Mess to halt any further action. NJP does not afford any legal representation as a right. You could possibly retain a lawyer that will be refused entry into the proceedings. If your son is innocent and his charges do go to NJP he has the right to request a trial by Court Martial in which he will receive legal representation as a right.

[Grandmaw]

Thank you for your response. He does have paperwork from the ER.

[Grandmaw]

The whole matter was dropped...yea they fussed at him a bit...but I guess that's their job!
I think the key was the proper documentation.

[ERAUPIKE]

Originally Posted by Grandmaw

The whole matter was dropped...yea they fussed at him a bit...but I guess that's their job!
I think the key was the proper documentation.

Glad everything worked out.

[Grandmaw]

Well, just when you think everything is over. Everything went as stated above. My son was left behind for his 6 week underway to see to his medical problems. So far he's has two appointments and has three more scheduled. The ship gave him his medical and dental files....ok here's the problem!!!

His pay in on "held pay status" as of the day after the ship left. How does he go about gettting this fixed. Surely they cannot hold his pay due to the fact he was left behind to take care of medical matters. Who or what department does he go to to get this corrected while the ship is gone and who on the ship would have the authority to put him on "held pay status"??