general discharge.

Frank the tank

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I had a administrative separation board and they recommended me for a general discharge. I know that it has to go to the GCMCA because of the MEB. I have 3 disqualifying conditions PTSD, Panic disorder and my lecg right is busted. My question is what are the chance that that the GCMCA we still give me the MEB.
 

Frank the tank

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
It was a 14 - 12c for cusing at the 1SG, False statement, and inappropriate language.
 

ranger2992

PEB Forum Regular Member
PEB Forum Veteran
It was a 14 - 12c for cusing at the 1SG, False statement, and inappropriate language.
It seems to me that your medical conditions, especially PTSD, contributed to your charges. If you were to prove that, I believe you would have a good chance of the MEB overriding the chapter.


1–33. Disposition through medical channels


a.

Except in separation actions under chapter 10 and as provided in para 1–33b, disposition through medical

channels takes precedence over administrative separation processing.

b.

When the medical treatment facility (MTF) commander or attending medical officer determines that a Soldier

being processed for administrative separation under chapters 7 (see sec IV), or 14, does not meet the medical fitness standards for retention (see AR 40–501, chap 3), he/she will refer the Soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB.


(1) If the MEB findings indicate that referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635–40, the MTF commander will furnish copies of the approved MEB proceedings to the Soldier’s GCMCA and unit commander. The GCMCA may direct, in writing, that the Soldier be processed through the physical disability system when action under the UCMJ has not been initiated, and one of the following has been determined:


(a)

The Soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.

(b) Other circumstances of the individual case warrant disability processing instead of further processing for

administrative separation.

(2) The authority of the GCMCA to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.
(3) The GCMCA’s signed decision to process a Soldier through the physical disability system will be transmitted to the MTF commander as authority for referral of the case to a PEB.
(a) Copies of the GCMCA’s decision will be furnished to the unit commander and included in the administrative

separation proceedings.

(b) The unit commander will suspend processing of the administrative separation action pending the PEB.

1. If the Soldier is found physically fit, the administrative separation action will be resumed.

2. If the Soldier is found physically unfit, the administrative separation action will be abated.

c. Disability processing is inappropriate if the conditions in b(1)(a) and (b) do not apply, if UCMJ action has been initiated, or if the Soldier has been medically diagnosed as drug dependent. (See para 14–12

c.) Accordingly, disability processing is inappropriate in separation actions under chapter 10.
 

Frank the tank

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I got 3 negative Counseling in the span of 5 weeks. That I was trying to stop drinking cold turkey 2 weeks after my last 4856 I self enrolled in to ASAP and went to detox once I returned I had no issues what's so ever.
 

Frank the tank

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
What is the cause of the administrative board?

Mike

got 3 negative Counseling in the span of 5 weeks. That I was trying to stop drinking cold turkey 2 weeks after my last 4856 I self enrolled in to ASAP and went to detox once I returned I had no issues what's so ever.
 
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