FORT SILL, Okla. -- The Office of Soldiers' Counsel (OSC) is an organization of judge advocates, civilian attorneys and paralegals spread out over 30 locations worldwide, with roughly 200 attorneys and paralegals.
The organization has representatives ready to assist Soldiers throughout their disability process, with specific counsel for the Medical Evaluation Board (MEB) stage of their case, and other counsel for the Physical Evaluation Board (PEB) stage. There are also supporting personnel in the headquarters section of the organization.
One important aspect of the Soldiers' disability process, otherwise known as the Integrated Disability Evaluation System (IDES), is there are no lawyers on the other side. Even though IDES is a nonadversarial process, OSC personnel are bound by all the ethical rules and responsibilities that govern a law practice. We must keep client personal and health information confidential, and carry out our clients' wishes within ethical and legal boundaries. Some stakeholders serve interests of both the Soldiers involved and the government. OSC personnel exist solely to represent the Soldier-client in IDES. We do not represent the Soldier's command or the military hospital.
Sometimes the client will chose a course of action that their OSC counsel has advised against. The Soldier's counsel helps the client make an informed decision, however the decision is still the client's to make. Discussion between the counsel and client regarding their IDES case can't be discussed with others, without the client's consent. OSC counsel also can't advise other IDES stakeholders on legal issues, although we give our interpretation of the various laws and regulations that guide the disability process. We are also involved with helping shape policy through an open dialogue with the IDES Service Line, ensuring that Soldier concerns are represented and accounted for.
Soldiers who enter the IDES process to determine if their military career can continue due to their medical conditions will be briefed by various stakeholders throughout the process. There are three distinct times where you should seek out the OSC-Soldiers' Medical Evaluation Board Counsel (SMEBC) office.
First, when you are referred into a MEB, you are mandated to attend a generalized brief regarding the IDES process and involvement with your SMEBC office.
Second, when you receive your MEB findings, you should seek out a consult with your SMEBC.
Lastly, when you receive your PEB findings, you should again schedule a consult with your SMEBC.
These are critical periods in your case; and we're here to help you during this time.
OSC attorneys are encouraged to have open lines of communication with the other IDES stakeholders to include PEB liaison officers (PEBLOs), MEB and PEB personnel, and Veterans Affairs representatives.
Having these lines of communication open ensures Soldiers' interests are identified, and can lead to informal results that can benefit both the Soldier and the Army, while maintaining a zealous advocacy and representation of the client-Soldier.
Legal advice for the other stakeholders, such as your PEBLO, should come from the military hospital's judge advocates or the staff judge advocate (SJA) on post. The Physical Disability Agency, which oversees the disability process, has its own attorney, who provides opinions on the regulations and policies involved in IDES.
For more information contact the SMEBC office at 580-558-2382/2520. Or, visit us in Reynolds Army Community Hospital on the third floor in the IDES section.
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