adsep and medsep concurrently USMC

n8thegr8

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So I have a current adsep with a recommendation for a general (under honorable) adsep in progress for suspected fraudulent enlistment that was suspected to have been committed approximately when I enlisted in the DEP in April 2013. The suspected fraudulent enlistment came from a tip from my security clearance investigation and I never had a chance to rebut it and explain my side of the story as my command immediately processed me as it was a tip that I had been suspected of selling drugs in highschool which was grossly incorrect and was shown in my school suspension report as a non controlled substance (muscle relaxer I gave a friend in highschool). As I'm sure you know the DOD has a zero tolerance policy for drugs and never even asked me my side of the story. As with recieving a general under honorable adsep, I would not be eligible for a board to plead my case as I have been in less than 6 years. My command is notorious for jumping the gun at the first sign of misconduct and the lawyer at JAG said theres nothing I can do but write to the CO as request mast isn't allowed during an adsep process.
I currently have been put on LIMDU and am starting a med board as of this morning for ACL tears, whiplash and neck spasms from a car wreck, as well as PTSD from my year long tour in the middle east where I saw some awful things / deaths in front of me. My question is: if the conveening authority decides to proceed with the adsep over the medsep will I rate an honorable discharge dd-214 as well as an admin sep dd-214 and be eligible for my GI bill as I will have completed my 5 year contract this July 15th, even if the adsep goes through as I will be medically extended to complete the PEB process which is estimated to take until at least September, 2 months past my current EAS, or will my eas be changed to the date my med board is complete and I will only receive the General discharge on my DD-214 and not be eligible for the GI Bill.
Thanks in advance to anyone who can give me this information with a reference.
 

chaplaincharlie

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Speak to your attorney. Legal questions of this nature are best not addressed publicly.
 

oddpedestrian

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You are facing a fraudulent enlistment adsep and under this discharge, I believe the VA has a choice to grant benefits or not depending on the circumstances you absolutely need an attorney. I can't give you an answer on what the VA will say since these scenarios are often rare. Starting today document everything, even keep a journal.
 

mcdonaldj2323

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Registered Member
I wanted to let you know that NVLSP has assisted several service members with their dual processing cases (administrative separation and medboard). We would be happy for you to apply for NVLSP’s services. We are a non-profit and our services are always 100% free of charge. Contact us at 202-265-8305, ext 152; [email protected]; or www.nvlsp.org/what-we-do/lawyers-serving-warriors.
Is NVLSP still restricted in their ability to assist AD Air Force members being processed for a MEB/PEB? When I contacted NVLSP a couple months ago I was told their was nothing they could do since they were down a lawyer or two due to personnel issues.
 

LEzell1111

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Registered Member
Lawyer is back from maternity leave.
Hi all,

I am a new member to this forum. I joined the Navy June 1, 2000 and was discharged Honorably August 20, 2015. I deployed to Baghdad, Iraq in 2007 where I was the transportation duty driver/travel liaison my job responsibility including picking up newly reporting personnel at the Baghdad airport and also arranging transportation for Sailors, Soldiers, Marines, Contractors, and Civilians redeploying to their CONUS or OCONUS duty stations. I would frequently go outside the green zone during my drives I would constantly hear gunfire, IED blasts, mortars going off. On several occasions I thought I would die during my deployment The was occasion May 2007 where I arranged transportation via NAVCENT DET Iraq for a CDR redeploying to the USA and his convoy was struck by and IED, that service member died. At the end of my tour to Iraq I received news from my Chief Petty Officer that my father had passed away. That hurt me knowing I didn't get a chance to say goodbye after I attended the funeral I immediately deployed onboard USS Kitty Hawk (CV-63) with Strike fighter Squadron 102 from 2008-2012 in Yokosuka, Japan. A few months into my deployment I started having suicidal ideation and was referred to the ships psychologist who diagnosed my condition as Adjustment Disorder in 2008. In 2014 years later I reported onboard USS George (CVN-73) in Yokosuka, Japan as the Chief Personnel Specialist around February 2015 I received news from our Administrative Officer that a shipmate and close friend of my Chief Personnel Specialist Desmond Walker died while standing watch at Naval Air Station Coronado, California. We both were junior E5s together onboard USS George Washington (CVN-73) during the 2009 hull swap. I started to have memories of my time in Iraq and started speaking with the ships psychologists about my PTSD related issues losing a friend and constant loud noises aircraft and weapons drills made me think I was back in Iraq. After speaking with the ships psychologists for several months I was told by my
chain of command that I was schedule to meet with the ships Commanding Officer and the Senior Medical Officer of the ship. During that meeting the Commanding Officer told me I was being discharged after 15 Honorable years of service for (Condition, not a Disability) Adjustment Disorder. After my discharge September 2015 within a year of separation I submitted a claim with the Department of Veteran affairs and was diagnosed with combat PTSD at 50% rating then increased to 70%. I was also diagnosed with sleep apnea 50% which is a secondary condition to my combat PTSD that came during my 2007 deployment to Baghdad, Iraq. I have an overall 90% disability rating I petitioned the BCNR March 18, 2016 and received and email from BCNR with their CORB Advisory opinion after submitted my VA increase letter to them I received their BCNR decision which denied my request for disability retirement. There reason for denying my request was that my performance of duty was not affected. I believe if my performance of duty was not affected I should not have been Admin Discharged with Adjustment Disorder. I never got a chance to go through the IDES, MEB, PEB. I tried to go at this alone and failed I am seeking legal assistance with trying to appeal the BCNR decision or and help that would lead to a Military disability retirement for combat related PTSD.


Thank you.
 
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