2018 NDAA Section 736 REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS

Jason Perry

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#1
SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees on the implementation by the Department of Defense of the recommendations from the Government Accountability Office report entitled “Actions Needed to Ensure Post-Traumatic Stress Disorder and Traumatic Brain Injury Are Considered in Misconduct Separations” and published May 16, 2017.

https://www.gao.gov/assets/690/684608.pdf
 

chaplaincharlie

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It is sad that the services have to be told to consider injuries in making discharge decisions!
 

Ben Echmeyer

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#4
I am going through problems related with this right now. I got a DWI after 11 years of service and a show cause board was initiated. The BoI was this week and recommended separation with a general under honorable discharge. While memos from multiple clinicians were provided linking my PTSD with my misconduct, the board president specifically said that they werent going to consider any of my medical issues in their determination. Also, the psychological exam that I went through was influnced by the company commander. I initiated a IG complaint for this.

I just got my results from the VA and Army this week. I am 100% VA and 40% for the Army for my shoulder issues. Currently working to influence a medical retirement instead of administrative discharge. I just filed my rebuttal to the informal PEB today.

Any advice on how I might be able to use this report to help my situation?
 

Jason Perry

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@Ben Echmeyer,

Sorry to hear of your troubles. As a starting point, you need good legal representation to preserve your rights and to maximize your chances for success.

The BoI was this week and recommended separation with a general under honorable discharge. While memos from multiple clinicians were provided linking my PTSD with my misconduct, the board president specifically said that they werent going to consider any of my medical issues in their determination. Also, the psychological exam that I went through was influnced by the company commander. I initiated a IG complaint for this.
If you had an actual board, that means that you have the right to appeal/rebut the findings. Do so. I am not sure the issues with the commander and the impact of an IG complaint about this issue.
I just filed my rebuttal to the informal PEB today.
What are you rebutting?
Any advice on how I might be able to use this report to help my situation?
Cite it in your rebuttal to the BOI's recommendations.

The above are just my instinctive reactions to what you have posted. Impossible to give much more without knowing all of the facts and circumstances of your case. I assume you had at least JAG representation. You definitely need and should have competent legal representation.

Best of luck to you!

Jason
 

Ben Echmeyer

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#6
I am rebutting to include PTSD as as not meeting retention standards. I am at 70% for the VA and have substantial documentation verifying severity.
I read most of the GAO report. However, I don’t know where to find the DoD policy on what needs to happen if PTSD/TBI are determined a mitigating factor,
 

Jason Perry

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I don’t know where to find the DoD policy on what needs to happen if PTSD/TBI are determined a mitigating factor,
Not quite sure what you mean here. That is, if it is a mitigating factor, it would mean that the PTSD/TBI mitigates your culpability and responsibility, so, that should weigh towards your processing for disability vice administrative discharge. Not really clear what else you would mean or are asking about.
Hope all works out well for you in the end! Best of luck!
 

Ben Echmeyer

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#8
Not quite sure what you mean here. That is, if it is a mitigating factor, it would mean that the PTSD/TBI mitigates your culpability and responsibility, so, that should weigh towards your processing for disability vice administrative discharge. Not really clear what else you would mean or are asking about.
Hope all works out well for you in the end! Best of luck!

I just want the exact references to DoD policy. I imagine there must be a better description of how and at which levels it is to be considered a mitigating factor. If it was supposed to be a mitigating factor at my BoI, the board president explicitly said they didn’t consider them.
 

Jason Perry

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I just want the exact references to DoD policy. I imagine there must be a better description of how and at which levels it is to be considered a mitigating factor. If it was supposed to be a mitigating factor at my BoI, the board president explicitly said they didn’t consider them.
That is plain legal error, in my opinion.

I hope you have an attorney, and I further hope that your attorney points this error out. It is wrong on two points (failure to consider relevant legal argument, and failure to address the substantive issue).

I am not sure where your case is at procedurally. That is, not sure if the ADSEP board has already issued findings. If they have, you still have appeal rights.
 

Ben Echmeyer

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#10
I just had my BoI last week and have not yet been given a chance to see the legal review or rebut. I will discuss the issue with my TDS attorney. If you know of a good attorney, please let me know. Thanks.
 
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