MED while pending disciplinary issues

Hello everyone,

I was just told by my mental health provider that she is recommending a med board for me. I have a severe PTSD, chronic MDD, and AUD diagnosis. I was the victim of an MST from an instructor at my training command. I went AWOL because I no longer felt safe at my command and ended up being commited to a psyche ward for 108 days after I turned myself in to a hospital. I have pending legal action for the AWOL, and also for using a controlled substance while I was AWOL. I popped positive for cocaine, I know it sounds crazy but I smoked it in a cigarrete from someone I met while I was awol. I didnt know it had the substance and as soon as I checked in to the hospital I asked for a Urine analysis to find out what I had injested. As soon as I was told what i popped positive for I informed my chain of command. I decided not to participate in the legal invesitgation against my offender because I dont want to be re-tramatized going thru the legal process. While I was still in my command I went to my chaplain and told him what was happening. He told me that for the seriousness of my allegations it was hard to prove without evidence, I am an e4 and my offender is an e6. I was homicidal the morning I went awol and i left my command because I felt that no one was on my side and left thinking suicide was the only option. I am not justifiying what i did by no means but the morning I left I called the same chaplain and asked him to come get me since I was off post and didnt trust myself to get back to my command without hurting my offender or someone else. My offender was my instructor and I had to go everyday to class and pretend like nothing was happending. It was a living nightmare, as a man I felt so embarrased and ashamed of my situtation. the chaplain said he was in a meeting and told me to get myself on post and we would sort it out later. I felt the system had failed me. I've been in treatment for 5 months now and dont see a light at the end of the tunnel. My provider finally told me today that they are gonna pursue a med board but I dont know how my pending disciplinary action will affect the process. While I was in the psyche ward, the MPs showed up to interrogate me and read me my charge sheet and a few weeks later came back to put me thru a Disciplinary review board and Executive officer inquiry while still in the ward. It was a very traumatizing experince. I had asked for an attorney but was told by them I didnt need one for the proceedings. However my sarc finally sent a Victims legal council to the hospital to hear me out and she has since been a great help advocating to my command on my behalf. Can my commanding officer, deny my med board? How will the disciplinary action affect the med board process? My CO has given me the option of accepting NJP or going to an Administrative Seperation Board. However my provider says she feels that I should be reffered to a med board. Any input would be greatly appreciated. NCIS dropped the investigation into my assaults, I was assaulted 3 times in the span of 2 weeks and I have yet to process my trauma because of the severity of my dissociation and flashbacks. While in the inpatient ward, I had to be restrained once while my provider tried to process my traumas with me.
 
I'm sorry you are going through a hard time:

Yes, the commander (usually a higher one) can deny the Med board usually both cases go up at the same time and the post or higher commander will make a call influenced by the advice of his/her legal counsel.

The Administrative Separation Board is probably an OTH discharge I would not waive it for an early release if you serve the NJP ask the commander what separation if any would he likely recommended. It may be a lot better to serve it out with a general discharge than to face an OTH and an uphill battle in getting VA healthcare and benefits later.

I can't tell if you told the Chaplain about the assault before or after you went AWOL if its before you really need a statement by him outlining that conversation, I don't know what evidence you have to prove your MST but you have another shot with the VA who will make their own determination based on the preponderance of evidence this could be used later to upgrade your discharge if you receive an unfavorable one from your command.

Hopefully, everything works out and they decide to push forward with a MEB if not just know its not over and you can have it reversed through a BCMR with the help and treatment at the VA.
 
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