Admin discharge for PTSD and recourse

J

Jack

PEB Forum Regular Member
PEB Forum Veteran
Jason,

I have several of my joes who were givin...I havent seen the paperwork but IM guessing....ADMIN discharge.

They did the same time and combat ops I did in Iraq. Aftre coming off orders they drilled for short time but counldnt continue because of these S/C conditions. They got a VA drs note stating they couldnt continue in guard. It was approved bu guard. I dont know anything else bout it..if CO, BC or BGDE CO signed off on it.

Their VA ratings for PTSD for each of the 4 joes are as follows... 100%, 50%, 50% and 30%. So all have severe to total impairment.

My question do u have a definitive response to any recourse for seeking medical retirement????

Or do I need to read their dishacrge papers from the guard?

Depends on what the discharge reads?

According to what u preach on here they were unlawfully not afforded a MEB, MRB just a ok we ll sign off and u can git out.

Let me know so as to steer these joes in the right direction.

THX

JACK
 
Jack,

Thanks for posting this. I have seen a great number of cases where the Reserve Components are separating members who fail retention standards without sending them to an MEB/PEB.

As far as recourse, the starting point for many cases will be an application to the Board for Correction of Military Records. However, I am gearing up to fight this issue out, in Federal Court if necessary. Based on the number of cases like this I have come across, I suspect that there are at least tens of thousands of Soldiers who have gone through the same thing you describe. This is totally unacceptable and I am going to get to the bottom of this. You may want to direct them here or give them my contact information.

Standby for more as the situation develops.
 
JAson,

Is there somtehing to look for on their disharcge papers that would make a difference so as to not waste time????

Or that would tell u they have no leg to stand on???


Or r u sayin immediately apply to BCMR cause u r confident they were unlawfully discharged???

I can move on this for these guys with some direction...

Ill have them shoot an azimuth for PEB forum......

For u AF n Navy boys thats wid a compass....LOL...sorry the PTSD devil made me do it...LOL

THX JACK
 
You can look at their DD 214.

Item 23; Type of Separation
Item 25; Separation Authority
Item 26; Separation Code
Item 27; Reentry Code
Item 28; Narrative Reason for Separation
 
Problem is that reserve components only get a DD214 when coming off active duty, like a deployment. Believe it or not, a reserve soldier does not even get a 214 at retirement or discharge, just an order. It will state the reason for discharge on the order.
 
Problem is that reserve components only get a DD214 when coming off active duty, like a deployment. Believe it or not, a reserve soldier does not even get a 214 at retirement or discharge, just an order. It will state the reason for discharge on the order.
Click to expand...

I stand corrected. If you were on AD then you would get a DD214. If you were drilling then you would get discharge orders as stated.
 
Rikers and CSM thanks.....

Jason,

Still what is the smoking gun to look for on thses dishcarge orders from the state????

ADMIN maybe????

Is there somtehing to look for on their disharcge papers that would make a difference so as to not waste time????

Or that would tell u they have no leg to stand on???


THX JACK
 
Gentlemen,
My late husband was retired from the ANG after 38+ years of service. He was NEVER on Title 10 orders (which gets you a DD214). After many hours of searching thru 38 years of military records (yes, he kept 'em all), we found a NGB Form 22. Turns out, that is the guard version of a DD214 if you've never completed any Title 10 orders.

It is an important document! Don't lose or misplace it! AND make sure that someone besides yourself knows where it's at. I needed it to get military honors for his funeral.
 
I believe the NGB Form 22 is the equivelent of the Reserve's DARP/ARPC-249, which is a Chronilogical Statement of Retirement Points. A Guard soldier should have received a DD 214 for basic training/AIT, but I realize that many years ago it was possible that they would not.
 
Jack said:
Jason,

Still what is the smoking gun to look for on thses dishcarge orders from the state????

ADMIN maybe????

Is there somtehing to look for on their disharcge papers that would make a difference so as to not waste time????

Or that would tell u they have no leg to stand on???
Click to expand...

As you can imagine, on its face their discharge orders won't state anything showing that the ARNG illegally separated them. You would have to look at more of the facts. If it was a separation for expiration of term of service and the member was rated by the VA immediately (especially if at a high rating), then this would indicate that the Soldier should have been referred to MEB/PEB. Blatantly illegal actions (I have come across these) include notifying the member that they are medically disqualified and are being separated and there is no mention of an MEB or a PEB.

You basically have to look at the whole picture and do not rely on the fact that the State Surgeon, or the J1, or the Adjutant General stated something in a letter. Many do not have a good track record for accuracy.
 
Jason,

Gotcha. So as u stated before apply to the BCMR.

In each case it wasnt ETS. They contemplated to me bout staying in and dong their time. But after many months I advise them to ask to git out because of their conditions. I never got an answer on why and what was on the release papers. There was never a stink bout it.

I imagine on these papers there will be some phrase that states admin or something to that. To me thats the smoking gun. As u say u should be referred to MEB. They didnt and for why. That answer should be on the papers????

Ill git the joes movin on this and thanks to all

JACK
 
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