Unjust /Seek Redress: Charged for Genuine Medical Conditions

Andrew24 SG

hi guys. i just came out of db last thurs . i been charged of 2 count of charges. one is AWOL ( i was late for one hour,overslept on the bus ) , 2nd is sleeping . kena 4 days. the problem is tat my psychiatrist had diagnosed me with depression + Hypersomnia as stated in my previous post.(Hypersomnia is a disorder characterized by excessive amounts of sleepiness.)

i stayed at home over the week end and scare to go out. stressed by the way of living in the db. so this morning i went to a A&E which had my medical files. i explained my problems to the MO there and she was damn angry . she told me that i can use my sickness to ' fight against' the charge .

is there anything i can do as i already served my sentence. feel stupid to go in for 4 days as i got a medical problem .

any advice for me ? thanks in advance

deepak.c SG

Since you can't be charged twice for the same offence, maybe you can try seeking redress for the injustice done to you.

Sometimes the JDO dunno what to charge, it's like spinning the wheel of fortune and just happens that day he think it's AWOL.

Fatum SG

so what kind of redress do you have in mind ?

an apology ?

monetary damages ?

excused from rest of NS ?

weymas SG

is there anything i can do as i already served my sentence. feel stupid to go in for 4 days as i got a medical problem .

any advice for me ? thanks in advance

well i doubt you can do much about it.. though you can raise this issue to ur superiors since you have a certified illness, and see what comes out of it.

4sg SG

and may I ask? how would u fight against the charge if u decide to do so?

4sg SG

-double post-

fudgester SG

When were you diagnosed with this illness?

Were you diagnosed prior to enlistment, or after enlistment?

dkcx SG

is there anything i can do as i already served my sentence. feel stupid to go in for 4 days as i got a medical problem .

any advice for me ? thanks in advance

Did you report your problem to your camp MO etc to inform them of your problem?

If you have not sound out your problem and been wrongly charged, you would be at fault for not highlighting ur problem earlier. Now would be too late since you already served your sentence but what could be done could be to get them to remove that record from your files since a DB record is not something anybody wants.

If you have informed them of your problem and still were charged, that would be a totally different issue.

TrueHeart SG

is there anything i can do as i already served my sentence. feel stupid to go in for 4 days as i got a medical problem .

any advice for me ? thanks in advance

Hi Andrew,

Unfortunately, since you have served the sentence, nothing could be done. Since you did not raise the issue about your illness when you were charged, even if you are to bring it up now, it is unlikely that you will not be compensated in any way.

Cheers.

dkcx SG

When were you diagnosed with this illness?

Were you diagnosed prior to enlistment, or after enlistment?

He posted his problem 1 month ago so it should be diagnosed while in service but whether or not he did submit the specialist memo to the MO is something uncertain since he was hesitant to do so earlier.

fudgester SG

Then, in that case, like you said, it all depends on whether or not he actually showed his MO the specialist's letter.

If he had, then fair enough, he would have a valid medical condition on record to defend him.

Otherwise, he's at fault for not showing it to the MO.

jayh272416 SG

just make it known. better than hiding it

hisoka SG

He might be able to benefit from fighting for it. That's assuming he had disclosed his condition before hand.

Compensation is unlikely, though possible. But at the least, if he succeeds, he can possibly get 2 things:
1) Non-extension of his liability. i.e. the days he served in db is counted to his liability and he doesn't need to serve extra days.
2) The DB charges and his stay gets struck of the records. Think about all those forms when you apply for jobs and such that ask if you were convicted or jailed.

Actually even if he didn't know about the condition before the conviction, there's still a chance to at least get the above 2 "benefits".

eac SG

Refer to: www.sgforums.com/forums/1390/topics/338169

Seek Redress through the Military Justice System