Commanding General Recommending Elimination instead of retirement

I am an officer in the Army. I Just had my DA 199 with 90% VA, 80% DOD Permanent Retirement for Cognitive Disorder. Despite this Commanding General is recommending Elimination to HRC for Failure of service School which has a direct correlation with my Unfit condition. I am about to do my re battle to HRC. Any advice?
 
What is the CG's rationale for elimination?
Thanks Maparker,
I have not receive the official notification yet but was informed by my JAG Attorney who got it through an unofficial source at the CG's Office. I failed BOLC a year ago and was being recommended for Elimination at the same time I was being recommended for MEB. Both cases went to CG and he had to render a decision. Should be getting the entire pocket soon.
 
Did you request a medical evaluation board prior to your notification of elimination?

Page 57-58 Read AR 600-8-24 Chapter 4-2(11), this is what the Commander is probably trying to use for elimination.

Page 59 Read Chapter 4-3 (a), this should be your relief. Basically it states that if your elimination is not because of misconduct, the MEB will prevail.

http://www.apd.army.mil/pdffiles/r600_8_24.pdf
 
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Did you request a medical evaluation board prior to your notification of elimination?
Thanks Fowler,

I failed the class before I was put in the MEB. However, for Officers, the Commanding General is the only one that can serve you with Elimination Notice. At this material moment I have not even being served with Elimination Notice yet. I was unofficially informed by my Attorney from JAG. Do I have an elimination letter ? No!
 
Thanks Fowler,

I failed the class before I was put in the MEB. However, for Officers, the Commanding General is the only one that can serve you with Elimination Notice. At this material moment I have not even being served with Elimination Notice yet. I was unofficially informed by my Attorney from JAG. Do I have an elimination letter ? No!

The reason I asked was the only case law I could easily find dual process WTU/Elimination was found in favor of elimination. The basis for decision was that the request for MEB came after the servicemember was recommended for elimination. That elimination was misconduct however.

http://www.leagle.com/decision/In FDCO 20100127B68
 
Thanks again Fowler,

I am also planning to get my Congress Woman involve as soon as I get the notice.
 
Thanks again Fowler,

I am also planning to get my Congress Woman involve as soon as I get the notice.
Did you sign your 199? Has it been forwarded to USAPDA? You'll probably pop smoke before the personnel action materializes.

Getting Congress involved only complicates things.
 
I am enlisted not commisioned but faced almost similar actions. My MEB was denied by the USAREC CG because I was being chapterd out for misconduct. I launched several congressional inquires stating my case but because I was separated before their investigation was complete my only course of action is the ABCMR...Many of my friends are suffering the same fate, with the impending drawdown its getting real easy to discharge soldiers without giving it a second thought...
 
Sorry to heat
I am enlisted not commisioned but faced almost similar actions. My MEB was denied by the USAREC CG because I was being chapterd out for misconduct. I launched several congressional inquires stating my case but because I was separated before their investigation was complete my only course of action is the ABCMR...Many of my friends are suffering the same fate, with the impending drawdown its getting real easy to discharge soldiers without giving it a second thought...
Sorry to hear that. I hope you win in the ABCMR. Many people think bringing Congressional Complaints can be tricky but I think when you have potential enemies in the food chain, having a Bull Dog watch your back could be beneficiary.Goodluck in your case!
 
Thanks, good luck to you also. I have heard good and bad comments about congressional inquiries. I was talking to a COL one time who was an aid to a CG, he told me that when the inquiries come in he would simply fire back a few lines saying the problem would be looked at and the case was closed. Hopefully this does not happen with yours.
 
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