Illegal Removal of a Soldier From the Tdrl

¶ … Removal From Tdrl

Medical board forwarded process physical evaluation board. A deliberate act discipline a counselor remove military TDRL favoritism opportunity adversary make judgment . What criminal offense committed procedures recommended victim process recovery shown significant growth academy suffers social culturally.

Temporary Disability Retired List (TDRL)

The Temporary Disability Retired List (TDRL) is a list containing Army members found unfit for the performance of military duties due to permanent physical disabilities Cross, Ficke, Hsu, Masini, & Wenke, 2011.

The disability is permanent, but is has not stabilized sufficiently, which makes an accurate assessment difficult. The Army member is placed in the TDRL until their condition is accurately assessed. Army members suffering from disabilities considered not permanent and likely to change in the course of time are placed in TDRL instead of Permanent Disability Retirement List. Placing members on the TDRL protects the Army and the individuals. The individuals will continue to receive their basic pay and other retirement benefits, while the Army can monitor the person and maintain reinstate them once they have recovered. This does not happen on all cases. If a person's disability condition worsens, the person is retired permanently.

A service member stays in TDRL for a maximum of five years. According to the law, a final determination on the disability should occur before their fifth anniversary. If their periodic medical examination discloses their medical condition has stabilized for rating, a service member may leave the TDRL earlier Krause, Frank, Dasinger, Sullivan, & Sinclair, 2001.

A service member must undergo a physical examination every 18 months while they are on the TDRL. Depending on the condition and circumstances, the physical examination may occur earlier. There are two outcomes once a person is on the TDRL. Either they will be retired permanently, or they will resume duty. Once the medical condition has stabilized for rating, the disability rating is determined in percentages. According to Peck, 1999()

a service member who has less than twenty years of service and receives a disability rating of 30% or more is retired permanently. If they have over twenty years of service, they are retired permanently no matter their disability rating.

The physical evaluation board determines the applicability of a service member to remain on the TDRL. Based on the physical and medical examinations that a service member undergoes, the board will evaluate the disability and provide a rating Niebuhr et al., 2011.

If the disability has not stabilized for rating the service member remains in TDRL. If the disability has stabilized, they will rate the disability in order to determine the outcome for the service member. The medical examiners should remain objective when performing physical examinations on the service members placed on the TDRL. This will ensure that no law is broken, and they deliver correct assessments.

The failure to recognize the achievements a service member has made during their stay in the TDRL will impact negatively on their physical examination. The medical examination should encompass the soldier's experiences and any other psychological experiences they have faced. This ensures that the reviews are unbiased, and there is no favoritism. Individuals have different traits, which make them unique. Understanding and accepting the differences allows a person to remain objective in their reviews. Ignoring the personal traits and achievements of a soldier is discriminatory and only shows the person has some vendetta.

The TDRL is for the benefit of the soldier and the Army. A soldier placed in the TDRL has an opportunity to recover from their disability. Recovery is not instant, and that is why the period for staying in TDRL is five years. The five years provide ample time for the soldier to recover if possible. The soldier could also undergo medical treatment for their disability and recover or manage the disability. The mandatory physical examinations should recognize the different efforts a soldier puts in their recovery. The soldier in question understands their personal traits and their social psychology. The soldier would benefit from staying in TDRL, as he/she would recover fully from their disability. The soldier is well educated, and the Army would benefit from their education if they allowed the soldier to stay in TDRL.

Recommending psychological assistance in order for the soldier to overcome their shyness, intimidation, and timidness is more appropriate. When the soldier is in the TDRL, they have a better chance of receiving the psychological help they require, which would allow them to modify their behavior. Early removal from the TDRL does not benefit the soldier as they have not fully recovered and they might retire sooner than expected. This will not benefit the Army in anyway, and the soldier will not recover or receive the necessary treatment for their disability.

Medical evaluation board

The counselor wanted to discipline the soldier, but recommending their removal from the TDRL is unethical. The counselor should be ethical in their reviews as they are responsible for encouraging their clients' development and growth. The counselor in question did not encourage the soldier's growth and instead opted to discipline the soldier. The soldier may have erred at some point, but the decision to deliberately remove them from the TDRL is not beneficial to the soldier. According to the code of ethics, a counselor should not misuse the assessment results and interpretations American Counseling Association, 2005.

The counselor misused the assessment results and opted to ignore the soldier's professionalism in their review. Passing judgment because the soldier has made considerable achievements in their education is a criminal offense. The counselor should have considered the advancements made by the soldier and recommended their continued stay on the TDRL. This would have allowed the soldier to continue with their counseling sessions and ultimately full recovery from their disability. Social psychological problems are resolved with counseling.

The soldier should file a complaint with the American Counseling Association. The complaint should indicate that the counselor was discriminating in their review of the soldier, and they had favoritism. The association will analyze the case and make judgment based on the facts provided and the reviews made by the counselor. The soldier is on a recovery path and given more time, they will fully recover and resume duty in the Military. The Military should recognize this fact and opt to maintain the soldier in TDRL. The soldier needs another counselor who is willing to provide guidance for the development and growth of the soldier.

Having a poor social cultural environment is not enough grounds for removal from the TDRL. The counselor could modify the soldier's social cultural environment. People behave differently in different surroundings. Understanding why the soldier behaved in a certain why would allow the counselor to identify the root problem and assist the soldier to reform. The abuses the soldier suffered when growing up might affect their current behaviors. Encouraging the soldier to open up about their abuses and intimidations will allow the soldier to overcome their poor social traits. The soldier grew up with abuse, and this made them perceive abuse as normal behavior. Modifying their behavior is not easy without professional assistance.

The counselor discriminated against the soldier due to the soldier's social cultural problems. Discrimination against an individual due to their disability is illegal in the United States. The counselor treated the soldier unfavorably due to their disability Gooding, 2000.

Opting to discipline the soldier based on their disability is illegal, and the Americans with Disability Act protects the soldier against such discrimination. This act protects an individual from discrimination because of their disability. The counselor used favoritism to recommend for the soldier's removal from the TDRL. There was no undue hardship on the Military to determine that it could not accommodate the soldier's disability Weber, 1994.

Based on the soldier's contemporary problems, the counselor recommended for his removal from the TDRL. The problems were associated with the soldier's disability, and with psychological assistance, the soldier would have overcome the problems. According to the Americans with Disability Act, the counselor had not right to pass judgment on the soldier based on their disability.

The soldier demonstrated understanding of their social psychology, and this indicates that the soldier was willing to accept assistance. The assistance required by the soldier was psychological counseling. The soldier should seek legal redress and psychological help from outside the Military. This will allow the soldier to recover from their psychological disability. With psychological therapy, the soldier is able to overcome their contemporary social cultural problems. Therapy will demonstrate to the physical evaluation board that the soldier is capable of resuming their duties. The board will also recognize the counselor's error and ill motives towards the soldier.

Discipline is critical in the Military. Without discipline, the soldiers would not follow the strict rules of the Military. The soldier was well mannered, which indicates the soldier followed and obeyed the rules of the Military. The soldier only had moral problems. These are problems stemming from the soldier's upbringing, and background. The problems are not enough reason for the soldier's removal from TDRL. Without discipline, the soldier would not have achieved the academic qualifications he currently holds. The soldier pursued his academic desires while still in the TDRL and was able to achieve his certifications in the correspondence courses.

The counselor saw an opportunity to affect adversely the soldier's chances of remaining in the TDRL and opted to perform a bad psychological review. The counselor was using the soldier as an example to other soldiers. This was a cowardly act of discipline especially in the Military. The counselor should have taken another disciplinary action instead of giving the soldier bad reviews. The bad psychological reviews might be due to the counselor's failure to understand the law or desire to enforce his authority. The soldier has grown academically, but he still suffers from cultural problems. The counselor should have taken note of the soldier's achievements when formulating the review. This would have provided an unbiased review of the soldier. The counselor had a dislike towards the soldier and took the opportunity to pass judgment on the soldier. The counselor overstepped and broke the antidiscrimination law. The law is clear in that no one should be treated unfavorably due to his or her disability. The counselor opted to treat the soldier unfavorably and used favoritism in making the recommendation.

The soldier underwent a poorly conducted medical evaluation. The medical examination was only interested in the soldier's psychology. The examiners did not review the academic achievements of the soldier. The failure to conduct a comprehensive medical evaluation resulted in wrong reviews and recommendations Hill, 1996.

The medical evaluations are now been assessed by the physical evaluation board. This indicates that there was an error on the part of the examiners. The soldier has presented and defended his case towards the physical evaluation board, and they have seen the soldier's case is justified.

The main concern of the soldier is that the counselor only analyzed the soldier's cultural environment. Based on this analysis the counselor determined that the soldier was unfit to remain in the TDRL. The counselor deliberately chose to focus on the negative side without acknowledging the soldier's positive traits. The disciplinary action that the counselor undertook was too harsh for the soldier. Considering the soldier had shown academic prowess, which might be beneficial to the Military. The counselor might have felt threatened of the soldier's accomplishments and opted to discipline the soldier due to their academic achievements. The soldier has accomplished a lot for a person from a poor social cultural environment. Demonstrating that if provided with the required guidance and support the soldier can achieve and overcome his disability.

Social cultural views

The social cultural views possessed by the soldier are the beliefs that he grew up learning Dasen & Mishra, 2000.

The abuse the soldier suffered has affected his social relationships with other people, but with counseling, the soldier can modify his perspectives. The soldier's culture might also affect the way he interacts with other Military personnel. Understanding the soldier's culture, attitudes, and personality will assist the counselor to provide an unbiased review. Culture is what shapes an individual. Changing an individual's culture is difficult, but one can assist the individual to reform any bad elements from their culture. The soldier needs guidance in order to grow and adopt the Military culture. Avoiding large crowd does not assist the soldier as in the Military one has to combat large crowds especially in the barracks. The soldier faced abuses while growing up, and this has affected how interacts with people. The soldier's shyness comes about due to the abuses he faced. Abuse results in the lack of confidence in the individual and they do not know how to interact with others. This lack of interaction is misinterpreted to mean lack of discipline within the Military, which results in the soldier's contemporary problems.

The soldier lacks self-confidence, which is a problem in the Military. In the Army, a person needs courage and confidence in what they are doing. The activities carried out in the Military are not for the fainthearted. The soldier needs psychological guidance due to the problems. This is why the soldier is in the TDRL, but the counselor failing to understand the soldier's background has opted to discipline the soldier by removing them from the TDRL. The counselor views the social cultural problems suffered by the soldier as major, and they cannot be accepted in the Military. The recommendation to remove the soldier is ill informed and only agitates the soldier's cultural problems.

Moral problems emanate from the soldiers catholic upbringing. Killing is not acceptable within this faith, and this might create a moral issue with the soldier. The soldier might want to obey the Military laws and follow commands, but due to the morality of the commands, they will fail to obey. This is perceived as disobeying orders, and disciplinary action is taken. Moral problems do not face the soldier alone, there are other soldiers faced with the same problems, but the overlook their moral obligations and follow the commands. The soldier is not able to follow commands without analyzing its moral impact. This is not a bad thing, but in the Military, there is no allowance for disobedience.