ADSEP from Misdiagnosed Adjustment Disorder, Doctor says PTSD

navyyokosuka

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Hello everyone, I was hoping to get some help and advice or some sympathetic ears to listen.

My story is a long one, but essentially in late 2018 while deployed there was a trauma that occurred and I was sent to medical. I spoke to the doctor about the harassment, abuse, and problems occurring. I was diagnosed with Adjustment Disorder and told that I could go to a POCR board (essentially for officers this is to say you didnt meet the initial criteria for your community and see if another will take you) or be ADSEPed. I asked for the POCR board and the ship put it both packages. I did not know, that once an ADSEP started it overruled any POCR board, so that made my POCR board stop. So I was sent TAD to a different command and continuing treatment. I continued working on myself and went into the different types of abuse I experienced, one of which was Military Sexual Trauma.

I received a new doctor in a few months after my old one PCSed, and he went over my records and changed my diagnosis to PTSD and we began trauma therapy in early to mid 2019. He recommended going to see a lawyer about my case. Once I did legal agreed that the ADSEP was incorrect and the original diagnosis was wrong, so during my chance to make a statement I included the doctors note about the diagnosis change and my own statement. Fast forward many months after my ship and PERS lost and had to redo documentation it is now 2020, where my case officer from PERS had be get another screening to confirm the PTSD diagnosis and its effect on my ability back in 2018 to work properly and do my job and my fear of returning to the ship because I had no desire to see the people who abused me and all the classic symptoms of PTSD. Essentially, doctor/lawyer/and I all say that the original diagnosis was wrong and the subsequent actions to remove me were wrong and should be rectified.

Now after speaking with both my XO (a new one who doesnt know anything about me and doesnt want to do anything) and the Case Officer at PERS, they are still moving forward with the ADSEP claiming that the administrative process trumps any medical process, as I am coming up on my second period of limited duty orders without being removed from Japan or treated at a Military Medical Facility which is what my doctor wanted back in 2019.

Besides preventing me from promoting which I was supposed to do in early 2020, they have "lost" documents many times, completely ignored the doctors recommendation for transfer because they say an ADSEP is processing, many other horrible things which have made progression and treatment out here with the constant triggers of PTSD difficult; they are continuing to pursue the ADSEP. They say that it is legal regardless of any medical diagnosis because they are giving me an honorable discharge so everything else doesnt matter.

I spoke to the JAGs on base and they are looking into it and it seems to be a shady practice of allowing people to be removed for one diagnosis when a doctor says the other, but the ship/PERS may be legally allowed to do so. This seems really shady and horrible to have one doctor say PTSD say I need further treatment and/or medical option board, but the ship/PERS being able to acknowledge and ignore it and ADSEP for Adjustment Disorder as long as its honorable and prevent my promotion and essentially be pretty horrible to me.

Id love any advice, lawyers, or just people to talk to and understand how complex this process is and what can be done.
 

oddpedestrian

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They are correct too often service members believe ADSEP are unfavorable discharges many times they are not. You really have no due process unless your command changes your characterization of service from honorable to anything else see link below. The Navy uses the ADSEP for MH very liberally it got so bad they had to alter the regulations (see link) nonetheless any command can separate you at any time for no reason as long as the characterization is honorable. I only saw it in the Army when Soldiers beat a Court-Marital the command would then immediately ADSEP them (honorable). It also seems you have an issue with what doctors are saying about your diagnosis this may or may not help you if you decide to follow up with a BCNR claim just know that if your annual evaluations are good that claim will be DOA.

 

navyyokosuka

PEB Forum Regular Member
Registered Member
They are correct too often service members believe ADSEP are unfavorable discharges many times they are not. You really have no due process unless your command changes your characterization of service from honorable to anything else see link below. The Navy uses the ADSEP for MH very liberally it got so bad they had to alter the regulations (see link) nonetheless any command can separate you at any time for no reason as long as the characterization is honorable. I only saw it in the Army when Soldiers beat a Court-Marital the command would then immediately ADSEP them (honorable). It also seems you have an issue with what doctors are saying about your diagnosis this may or may not help you if you decide to follow up with a BCNR claim just know that if your annual evaluations are good that claim will be DOA.


Thank you for your reply. It seems extremely unfair to have a diagnosis of PTSD from MST and the Navy can just get rid of me through this process. Instead of actually giving treatment and focusing on recovery and the medical part, they can just separate me Honorably and not have to justify it.
My first evaluations were good, but the last few have been pretty bad. They wrote me poor evaluations and said things like "I didnt perform my job" which isnt true because I was on limited duty orders to another command. It just seems completely unfair and horrible that they can do this.
If I had the doctor who I had now, I probably would have been sent away earlier, but the first doctor spent 30 minutes with me and then decided "adjustment disorder" then he PCSed. This second doctor who has treated me with over a year disagreed and said PTSD and wrote a statement to the ADSEP board. Its a completely unfair situation. Thats all I wanted to do was serve but instead I was assaulted and then when I sought help like every poster says too, Im told to just leave.
 

chaplaincharlie

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You may want to seek legal counsel.

Also might want to contact Senator Gillibrand, she is a real advocate of better care of women in the service, especially regarding MST.

 

AD1212

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I would recommend talking to a lawyer about this. I have one if you want his information just say so and I’ll message you about it.

in regards to your situation. It sounds like someone just wants you out to cover their own tracks. Adjustment disorder is a extremely minor and nonsensical disorder. The military (most notably the navy) uses it all the time as an expeditious way to get rid of you. I got diagnosed with that as well shortly after I reported someone for hazing and spreading malicious rumors about me. People also get this when they speak out about sexual harassment as well. It’s sickening how it happens and I’m sorry you’re going through with this. If you want you could go to your state representative or senator and make a congressional inquiry into your situation. If you want to put those doctors on their toes. Make a complaint to the board of medicine where they got their license from. They aren’t as biased as the military.
 
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