Can I sue another military member?

[Joew]

I am in the military and was hit in the mouth by another military member. I had to go to the hospital and get 22 stitches on my lips for 5 different cuts. This just happened recently and the matter has not been resolved. The way it looks so far is that he will be guilty of assault because he threw the first punch. I want to know if I am able to sue him for the cuts I got. Please respond to this if you have any info that may help me. Thank you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, normally in a non military court, one would sue for assault and battery and recover all related damages like medical bills, pain and suffering, scarring, etc. BUt because you are in the military, the code of law and rules may change. Here are a couple of sites I found that may interest you:
http://www.jaa.org/
https://afcca.law.af.mil/

 

[Joew]

Thank you for your response, I will definatly check out these sites.

 

[JayM]

Joe, I'm not an attorney, but I did serve 9 years in the USAF, and I had a similar incident among two of my airmen. While you work for Uncle Sam, you answer to the UCMJ, and must comply with the Standards of Conduct. I would encourage you to visit your base legal office, because assault is not excusable for any reason. Base legal councel is free, or at least, it was the last time I knew.

 

[Joew]

Thank you for your response, I set up an appointment to talk to someone over at the legal office for tomorrow. I will post any information I find out here afterwards for anyone who might be curious.

 

[Joew]

Ok so I found out the answer to my question today at the legal office. Yes, military members can sue other military members. It seems to be the same as civilian laws. In my case the event happened on a military base which means that if I sue, I will have to do it in a federal court. Otherwise, I would be able to sue in a small claims court or any other state court as any other lawsuit.