Usc Military Law

[Mcafee]

Hello All Hope All Is Well.Today I have been researching profusely Military Law or US ARMY Law Rules and Regulations of the time period of the 1970s no luck even called the Jag locally for perhaps feedback or direction no luck Because I am a civilian can not give advice or direction.There is Negligence on the part of The US.Army for not addressing an injury while in Basic Combat Training more than a year later with Bone Fragments in the knee joint and constant and chronic documented in SMR.What I need to find is the Law Of The Time? So this can be applied. Reason I filed BCMR and was denied for medical discharge.In order for me to appeal this i need to get my TEES Crossed and I sss dotted One thing I have researched is the Title code 10 USC for discharge I have that upon seperation from moilitary service any Veteran Hospitalized shall have compensation and or Pension in place or have filed for it or refused it.To the Veterans Administration upon discharge i think effective date is 1957.If any of you can help or give direction this would be most appreciative Wings did post a couple of links awhile back but i can not seem to locate them in my bookmarks. Thank You All.

[bobbyq]

Hello All Hope All Is Well.Today I have been researching profusely Military Law or US ARMY Law Rules and Regulations of the time period of the 1970s no luck even called the Jag locally for perhaps feedback or direction no luck Because I am a civilian can not give advice or direction.There is Negligence on the part of The US.Army for not addressing an injury while in Basic Combat Training more than a year later with Bone Fragments in the knee joint and constant and chronic documented in SMR.What I need to find is the Law Of The Time? So this can be applied. Reason I filed BCMR and was denied for medical discharge.In order for me to appeal this i need to get my TEES Crossed and I sss dotted One thing I have researched is the Title code 10 USC for discharge I have that upon seperation from moilitary service any Veteran Hospitalized shall have compensation and or Pension in place or have filed for it or refused it.To the Veterans Administration upon discharge i think effective date is 1957.If any of you can help or give direction this would be most appreciative Wings did post a couple of links awhile back but i can not seem to locate them in my bookmarks. Thank You All.

[bobbyq]

Do not really understand your post, but you are looking for discharge law from the military? I would say that as long as you have a DD214 and have your personnel file of where you were stationed it is a start. Next I would go to the VA and request to see your "C" file and do not let them tell you it got burned in the fire. Biggest crock they have going. Ask to see your "c" file and look through it and any medical records available for you should be in there. If the injury or sick call report is in there mentioning an injury copy it and file your claim. Unless you already have and have been denied then go down and look at your "C" file and have them give you a copy of whatever in there pertains to your health. Your C file is from date of entry to the military to date of discharge and any records concerning applications for insurance, home loans, etc. It is all in there. Good Luck Q

[Mcafee]

I think i found a few more to review rom the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 3, 2006]

[CITE: 10USC1218]

TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART II--PERSONNEL

CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

Sec. 1218. Discharge or release from active duty: claims for

compensation, pension, or hospitalization

(a) A member of an armed force may not be discharged or released

from active duty because of physical disability until he--

(1) has made a claim for compensation, pension, or

hospitalization, to be filed with the Department of Veterans

Affairs, or has refused to make such a claim; or

(2) has signed a statement that his right to make such a claim

has been explained to him, or has refused to sign such a statement.

(:P A right that a member may assert after failing or refusing to

sign a claim, as provided in subsection (a), is not affected by that

failure or refusal.

© This section does not prevent the immediate transfer of a member

to a facility of the Department of Veterans Affairs for necessary

hospital care.

(Added Pub. L. 85-56, title XXII, Sec. 2201(31)(A), June 17, 1957, 71

Stat. 160; amended Pub. L. 87-651, title I, Sec. 107©, Sept. 7, 1962,

76 Stat. 508; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), (4),

Nov. 29, 1989, 103 Stat. 1602, 1603.)

Historical and Revision Notes

1962 Act

Sections 1218 and 1219 are restated, without substantive change, to

conform to the style adopted for title 10.

Amendments

1989--Subsec. (a)(1). Pub. L. 101-189, Sec. 1621(a)(1), substituted

``Department of Veterans Affairs'' for ``Veterans' Administration''.

Subsec. ©. Pub. L. 101-189, Sec. 1621(a)(4), substituted

``facility of the Department of Veterans Affairs'' for ``Veterans'

Administration facility''.

1962--Pub. L. 87-651 amended section generally, and among other

changes, substituted ``Discharge or release from active duty: claims for

compensation, pension, or hospitalization'' for ``Explanation of rights

before discharge'' in section catchline, and struck out provisions which

prohibited a person from being discharged or released from active duty

until his certificate of discharge or release from active duty and his

final pay (or a substantial portion of his final pay) are ready for

delivery to him or to his next of kin or legal representative.

Effective Date

Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85-56,

71 Stat. 172.

[Wings]

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You need the "ANNOTATED" US Code, Title 10.

You can find the "ANNOTATED" Title 10 at a Law Library.

This will show you the dates of the public laws.