adsep and medsep concurrently USMC

n8thegr8

Registered Member
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

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
Speak to your attorney. Legal questions of this nature are best not addressed publicly.
 

oddpedestrian

PEB Forum Veteran
Registered Member
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

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.
 
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