I talked to the VA MY findings should be in two to three weeks. The problem is I self admitted I drank alcohol I might be admin sep as treatment failure what would the out come be?
Admin Sep after medical retirement date.
- Thread starter Lostsailor405
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It's difficult to say for sure what the outcome will be without more information about your specific situation. However, if you self-admitted to drinking alcohol and it was a violation of your treatment plan, there is a possibility that you could face an administrative separation as a treatment failure. The severity of the separation will depend on a number of factors, including your past behavior and any extenuating circumstances. It's important to discuss your concerns with your commanding officer or legal representative so that you can be fully informed about your options and potential consequences.
Talk to legal counsel ASAP. Given that you face administrative action, a public forum may not be the best way to get help.
I am going through the same process right now. I declined treatment and therefore became a treatment failure, with the adsep process starting shortly thereafter. From what I have been told by my command, both processes run concurrently until a decision is made as to which is the better route to pursue. My paperwork was sent off to PERS-834. I sent a statement off with it and it looks like they reach out to your referring physician for the medboard to see if there are any parallels between the misconduct case and the referred condition(s), and make a decision of which to proceed with. My medboard has been in the in the "awaiting VA rating" phase since 27feb, and I was told I should hear about the misconduct case in about 3 months, which was sent off 31mar.
I was placed in Sarp after dui last year I was being medboard for Ptsd and Major depression and physcotic features.
yeah my problem is the Va told they will have a decision in three 1 to 3 week and peblo told me if I sign my findings it’s sent of they cancel my retirement and adsep as treatment failure sucks. Hopefully if they do decide to rule me as treatment failure it happens before then.
Med Board always trumps a admin sep, they cannot “cancel your retirement.”
I know that but my peblo said if I sign my findings I can get adsep because the medboard is over.
During the PEB phase she said it’s up to the admiral
You can’t have a discharge characterization admin sep and medical discharge. Signing your findings locks in your retirement and forces the separation process under medical. Like they said, call Jag to confirm, but if they just want to get rid of you why not just let you go quiet and quick?
Your Peblo sounds like a moron
Yea I talked to the ides attorney he said worst case his I stay in longer but I still should get my medical retirement no matter what but informed to hurry and let him know as soon as the VA is done
Contact your PEBLO and they can get you in touch with your assigned IDES attorney. Those attorneys are swamped and I always recommend looking into hiring a dedicated private one. I just sent you some options for private attorneys if you are interested.
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Not sure who told you that, but it's not entirely accurate. I have seen people with signed findings still get run out of the Navy for conduct issues.
The one thing ive found constantly is that the PEBLO doesn't know whats going on. Get off the forum and go talk to legal. Lawyers will be more help.
Discharge authority is entirely up to that admiral, a quick google will tell you that is true.
For *almost* all cases, CNPC is the authority for dual-processing cases. When it isn't CNPC, it's his boss, CNP. And the reason for that is, legal doesn't trump medical, and medical doesn't trump legal. It's situationally dependent, and what you have is two sets of U.S. code in conflict. One set of laws says give the member the disability retirement, one set of laws says run the member out for breaking such and such rules (I'm oversimplifying).
So the case goes to the Admiral(s) who have separation authority in the Navy. And that's where the decision gets made. And it can go either way. All depends on the circumstances of the case.
Did you get Medical Retired for these things? I am trying to get my honorable changed to a medical retirement for the same things, that were in my Navy Medical Records but were ignored and never treated in service.