BCMR Case Complete

Raas32

PEB Forum Regular Member
Just wanted to post this in the event it might help someone in similar circumstances. I was separated administratively (honorable) five years ago from the Air Force for "adjustment disorder." Immediately upon separating, I filed a claim with the VA for my service-connected disabilities and the VA diagnosed me with Bi-Polar. After several years of on-going treatment by the VA for Bi-Polar, I filed a claim with the Board of Corrections arguing that my separation from the Air Force administratively was an injustice, and I should have been separated medically for Bi-Polar. Here was a timeline of my case:

1/2015- Filed claim with BCMR. Submitted release of medical information with claim. My claim was three years after my discharge but I argued that it was still timely because I wanted to receive ongoing treatment for Bi-Polar before filing a claim and in the alternative, if the Board should find it untimely it is in the interests of justice to excuse the untimeliness because ensuring a correct military record for separated service members outweighs any possible harm of hearing the case untimely. The Board found it was timely.

5/2016- Advisory Opinion received. Agreed with me.

7/2016- Board final order sent to Secretary. Everything approved.

Not sure what happens now as far as how long before I can use Tricare or be issued an ID.

Let me know if you have any questions.
 
Congratulations on your well deserved victory. Thank you for keeping us updated on your progress.
 
UPDATE: So the BCMR ordered my military records be corrected to reflect placement on the TDRL backdated to my 2011 separation . Well, my five-year anniversary passed last week and I was automatically dropped from TDRL (statutory). I was informed on Friday via email that the IPEB has reached a decision on my TDRL status (either remove from TDRL or placement on PDRL) but they can't tell me the decision over email! Haha, so the snail-mail wait begins. They did say I have until the 13th of Sept. to concur/nonconcur. I never saw an Air Force doctor through any of this. Their decision will be based on my VA doctor's narrative summary he wrote for me to give them a couple weeks ago and any VA treatment records from the last year. Hoping for good news. :) But that's where it is.

I also have an appeal outstanding with the VA to recoup the GI BILL I was deemed not eligible for since my admin sep only entitled me to 90% whereas the now corrected discharge would have entitled me to 100%.

Whole process is lengthy-- if you have any questions, please let me know.
 
I am hoping they found in your favor, which by what you have said seems highly likely!

Were you due any retirement back pay? If so, do you remember how long it took you to get yours?

I am owed some but have been waiting forever. Orders signed 20Feb and DFAS received file 22Jun
 
I am hoping they found in your favor, which by what you have said seems highly likely!

Were you due any retirement back pay? If so, do you remember how long it took you to get yours?

I am owed some but have been waiting forever. Orders signed 20Feb and DFAS received file 22Jun

Keebs: I have not heard anything in regards to backpay. I did get a Retiree Account Statement in the mail today from the Defense Finance and Accounting Service but my VA rating established at discharge (Aug 2011) exceeds the DoD rating assigned by the BCMR effective Aug. 2011. According to my calculations, I shouldn't be owed any monies from the DoD. I do have a "backpay" appeal in progress with the VA, however (based on BCMR decision). So I will keep you posted how long that takes (Filed three weeks ago- haven't heard anything). Congrats on your retirement orders. Hope everything goes smooth.
 
Just wanted to post this in the event it might help someone in similar circumstances. I was separated administratively (honorable) five years ago from the Air Force for "adjustment disorder." Immediately upon separating, I filed a claim with the VA for my service-connected disabilities and the VA diagnosed me with Bi-Polar. After several years of on-going treatment by the VA for Bi-Polar, I filed a claim with the Board of Corrections arguing that my separation from the Air Force administratively was an injustice, and I should have been separated medically for Bi-Polar. Here was a timeline of my case:

1/2015- Filed claim with BCMR. Submitted release of medical information with claim. My claim was three years after my discharge but I argued that it was still timely because I wanted to receive ongoing treatment for Bi-Polar before filing a claim and in the alternative, if the Board should find it untimely it is in the interests of justice to excuse the untimeliness because ensuring a correct military record for separated service members outweighs any possible harm of hearing the case untimely. The Board found it was timely.

5/2016- Advisory Opinion received. Agreed with me.

7/2016- Board final order sent to Secretary. Everything approved.

Not sure what happens now as far as how long before I can use Tricare or be issued an ID.

Let me know if you have any questions.

Question was this changed on dd214 to medical retirement? if so do you have to go back active to finish medical processing and did you get one rank up?
 
Just wanted to post this in the event it might help someone in similar circumstances. I was separated administratively (honorable) five years ago from the Air Force for "adjustment disorder." Immediately upon separating, I filed a claim with the VA for my service-connected disabilities and the VA diagnosed me with Bi-Polar. After several years of on-going treatment by the VA for Bi-Polar, I filed a claim with the Board of Corrections arguing that my separation from the Air Force administratively was an injustice, and I should have been separated medically for Bi-Polar. Here was a timeline of my case:

1/2015- Filed claim with BCMR. Submitted release of medical information with claim. My claim was three years after my discharge but I argued that it was still timely because I wanted to receive ongoing treatment for Bi-Polar before filing a claim and in the alternative, if the Board should find it untimely it is in the interests of justice to excuse the untimeliness because ensuring a correct military record for separated service members outweighs any possible harm of hearing the case untimely. The Board found it was timely.

5/2016- Advisory Opinion received. Agreed with me.

7/2016- Board final order sent to Secretary. Everything approved.

Not sure what happens now as far as how long before I can use Tricare or be issued an ID.

Let me know if you have any questions.
Reading your post, i fill good about my claim with the abcmr, since my case sound, extremly similar to yours, the discharge (AD), the date of your discharge, the date you apply to the board, its very similar, mine its in the very last stages, medical advisory opinion received, and reply send, etc.,......do you think you can post the abcmr rational behind their decition to grant your claim ???, the "WHY" They granted the claim?, can you post their complete explanation?
Thanks in advance.
 
This is excellent news. Congratulations!

You filed the same month/year I did as well, with a similar timeline. I was given a "technically honorable" as they put it admin discharge for personality disorder, but while in the service I was diagnosed with asd (which is the first stage of ptsd. I was discharged before I could get re-evaluated at the 4 week mark to ptsd). Since then I've been rated 100% p&t by the VA. The Board came back with a decision to change my discharge to secretarial authority though, rather than sending me through medical for the ptsd. I think it was the way I worded my case. I only asked them to remove personality disorder. So I'm on appeal, and it looks like it's actually being considered. So the long wait continues.

If I'm getting your post correctly, you didn't have to appear for any kind of medical exam on base? They went with your records only? That would be a relief to me, if I end up getting fully approved as well.
 
Keebs: I have not heard anything in regards to backpay. I did get a Retiree Account Statement in the mail today from the Defense Finance and Accounting Service but my VA rating established at discharge (Aug 2011) exceeds the DoD rating assigned by the BCMR effective Aug. 2011. According to my calculations, I shouldn't be owed any monies from the DoD. I do have a "backpay" appeal in progress with the VA, however (based on BCMR decision). So I will keep you posted how long that takes (Filed three weeks ago- haven't heard anything). Congrats on your retirement orders. Hope everything goes smooth.
@Raas32 Any update on receiving retroactive/recoupment payments for the Post 9/11 GI Bill? My GI Bill eligibility percentage increased to 100% for the final 3 months of school after BCNR placed me on TDRL and then I graduated. I am trying to receive retroactive pay for the previous 2-3 years of schooling that were paid at the 50% rate while I waited for the BCNR decision. The BCNR determination letter said that my change of discharge and placement on the TDRL is effective the date of my discharge. However, the VA has been giving me conflicting information and seems to be working off of the date that my new DD-214 was reissued.
 
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