Converting a General under Honorable AdSep to medical retirement. Is this possible?

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Ran03244

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I served 17 years USMC. Was subject to a Board of Inquiry at 16 years. Separated for Article 134. While separating I was subject to a Med Board. Prior to the Med Board coming back with it's results, I was separated and the Med Board was cancelled. Two months later I was awarded 100% disability. Can this be fought and won to turn the separation into a medical retirement?

Thank you.
 
Notably absent from your question is the time period this happened, specifically the 134 conviction and if it's at General, Special or Summary court. Was there a (double jeopardy) relationship between the BOI and 134 (curiosity)? Did you incur a TBI at cause for the disability?

Answer these questions, and then I may be able to tell you were to look.
 
It depends a lot on the relationship, if any, between the conditions that generates the MEB and the conduct that resulted in the BOI.
 
Manmumar said:
Notably absent from your question is the time period this happened, specifically the 134 conviction and if it's at General, Special or Summary court. Was there a (double jeopardy) relationship between the BOI and 134 (curiosity)? Did you incur a TBI at cause for the disability?

Answer these questions, and then I may be able to tell you were to look.
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There was no court. Simply a BOI. There was no double jeopardy. TBI in 2011. Well prior to that. The BOI was due to allegations during a divorce in 2022.
 
Ran03244 said:
I served 17 years USMC. Was subject to a Board of Inquiry at 16 years. Separated for Article 134. While separating I was subject to a Med Board. Prior to the Med Board coming back with it's results, I was separated and the Med Board was cancelled. Two months later I was awarded 100% disability. Can this be fought and won to turn the separation into a medical retirement?

Thank you.
Click to expand...
Ran03244 said:
There was no court. Simply a BOI. There was no double jeopardy. TBI in 2011. Well prior to that. The BOI was due to allegations during a divorce in 2022.
Click to expand...
You said separated for 134. Separation per UCMJ must be adjudged at CM and approved by the CA.
What's on your DD-214 in the narrative section?
 
I’m not talking about which came first. I’m inquiring as to whether the conduct that resulted in a BOI might have been, in part, caused by a medical condition.
 
Manmumar said:
Notably absent from your question is the time period this happened, specifically the 134 conviction and if it's at General, Special or Summary court. Was there a (double jeopardy) relationship between the BOI and 134 (curiosity)? Did you incur a TBI at cause for the disability?

Answer these questions, and then I may be able to tell you were to look.
Click to expand...
Just researched forums and came across this comment. My BOI was just waived by recommendation of the Prosecution (Recorder) and the Defense as well as endorsed by a 2 Star Admiral in lieu of a General Under Honorable Resignation. I had VA rated PTSD and TBI and MST from 2019, alleged behavior offense happened in 2022. I am now being rated 80% DoD/100% VA P&T. This will be going up for a Dual Processing to the Assistant Secretary of the Navy... What are the chances of getting the Medical retirement?

To Clarify, I came back in the military in 2020 on a FTS Redesignation Board, in case you're wondering how I had VA Ratings from 2019.
 
Looking4AnswersHere said:
Just researched forums and came across this comment. My BOI was just waived by recommendation of the Prosecution (Recorder) and the Defense as well as endorsed by a 2 Star Admiral in lieu of a General Under Honorable Resignation. I had VA rated PTSD and TBI and MST from 2019, alleged behavior offense happened in 2022. I am now being rated 80% DoD/100% VA P&T. This will be going up for a Dual Processing to the Assistant Secretary of the Navy... What are the chances of getting the Medical retirement?

To Clarify, I came back in the military in 2020 on a FTS Redesignation Board, in case you're wondering how I had VA Ratings from 2019.
Click to expand...
what is dual processing to the Assistant Secretary of the Navy? thanks
 
seaairmariner said:
what is dual processing to the Assistant Secretary of the Navy? thanks
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It is the process where your MEDBOARD results and your Administrative Separation and or Resignation in lieu or Board of Inquiry are submitted through PERS and to the ASN MR&A for a decision between the two. In my case, they didn't even submit the MEDBOARD results, instead they said "we considered your MEDBOARD referral and chose to direct separate you. By the way, they could not provide me the paperwork with the ASN MR&A's decision to choose one over the other, so that will be a legal matter for sure. I've asked for it three times and my JAG and the Disability Evaluation System attorney have asked for it too. Personnel Command (PERS) have still not provided it.
 
I am in the same boat. Once PERS 8 found out that I was being Med-boarded they hit the turbo on the ads and issued me separation orders on black Friday. I have several TBI's (some documented, some not) from various airborne operations that are related to the alleged misconduct. But unfortunately the SA didn't even get to review my MEB Packet prior to our current acting ASN making his determination.. got notified from my PEBLO today that im 100%VA. I intend to fight this after I'm out. Also have a rep working on a class action for cases that are similar to ours.
 
OCSOUTHY said:
I am in the same boat. Once PERS 8 found out that I was being Med-boarded they hit the turbo on the ads and issued me separation orders on black Friday. I have several TBI's (some documented, some not) from various airborne operations that are related to the alleged misconduct. But unfortunately the SA didn't even get to review my MEB Packet prior to our current acting ASN making his determination.. got notified from my PEBLO today that im 100%VA. I intend to fight this after I'm out. Also have a rep working on a class action for cases that are similar to ours.
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There is nothing that kindles my bitterness more than to hear of someone else getting jacked over by this process. It's like they are just looking to save money, so they go the administrative way. I started a Congressional Inquiry against the Navy on this and the PEB responded back to the Congressman's office stating that they recommended the medical retirement, but that does not answer the heart of the matter which is that PERS never saw my PEB findings before they sent the paperwork to the ASN for a decision. How in the hell can the ASN make a proper decision without knowing the extent of the medical condition of the service member? KEEP ME IN MIND regarding the class action lawsuit if you are successful in getting it started. I will DEFINITELY be onboard. Congrats on the 100% VA!
 
PERS 8 doesn't follow their own procedures.They are like a bunch of Helen Keller's riding unicycles around in their little palace of hate and discontent. There wasn't even a UCMJ charge on my BOI sheet, my command recommended no BOI. But since PERS "has" to be notified they stripped the authority from my commands hands. If you'd like to chat on the side I'd be happy to discuss how.
 
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