Need some wise words

Nosleep1919

Member
Registered Member
Sorry if there's a few grammatical errors I haven't slept since Sunday.

I was referred to the MEB in NOV 2014, Things were going smoothly up until this last weekend I made the poor choice of relapsing and drinking, I received a DUI on the civilian side with no actual conviction as of yet.

foward to this Monday and I am getting counselled on a Chapter 14c. Also this Monday I received my NARSUM and was found unfit for duty with PTSD with suicidal intentions and alcohol abuse. Its noted in my NARSUM that this past July I was drinking about a fifth a day to cope and tried to commit suicide by slitting my wrists, I ended up in on base physcharitc ward for 6 days which is what started the process of getting my MEB started up.

side note: not sure if this was a dirty tactic but my unit is at the range today and I am not allowed firearms or Ranges, So my PSG had me get all my paperwork for my chapter packet to include Reenlistment contract, ANNEX B, and my ACAP checklist?

Any thoughts?

I am losing sleep and at my wits end I have no clue what to do.
 
Your MEB trumps the chapter. However there is an extra step at the end. For Enlisted, the first General in the chain will decide how you leave, ie MEB or Chapter. For Officers it is the Secretary of the Army will decide. Hang in there things will work out for you, and try to keep you nose clean.
The memo explaining this was included with the initial MEB packet...PEBLO and Legal can also give you more information..Be Safe!
 
That is not true for a misconduct chapter. Misconduct chapter is supposed to cause the MEB to be stopped until a determination is made. Now, you could use your medical condition as a defense for the chapter, but that has varying levels of success, my limited knowledge says its not a good line to use.

Get in contact with a lawyer and consider a sit down with the commander to see if you can reason with him. After all, you'll be out of his hair soon enough. Some commanders are on a mission to keep people from claiming PTSD, some understand it. Soldiers also have varying levels of skill when it comes to reasoning with command. So this may not be the best course of action, as the sitdown is rarely successful without an admission of guilt and an apology.

The NARSUM didn't find you unfit. It found that you didn't meet retention standards, the PEB will find you fit/unfit. The commander may be willing to change the chapter he seeks to a failure to perform, which won't halt your MEB. That will allow the GCMCA to make a determination if your medical condition was the underlying cause of the problem and grant or deny the unfit finding, or if found fit still continue with the chapter. Its a compromise that allows the commander to feel he is addressing the problem harshly (as an example to others) and still gives you a good shot at an out and allows the commander to take into account your problems.
 
Your MEB trumps the chapter. However there is an extra step at the end. For Enlisted, the first General in the chain will decide how you leave, ie MEB or Chapter. For Officers it is the Secretary of the Army will decide. Hang in there things will work out for you, and try to keep you nose clean.
The memo explaining this was included with the initial MEB packet...PEBLO and Legal can also give you more information..Be Safe!

FALS!!! Misconduct chapters trump MEB/PEB. I was discharged this past June 2014 with a 14-12c. I did speak to the CG but he told me that the board found me guilty and that I needed to go. If I were in your shoes I wouldn't waste much time fretting the small stuff, ie. missing the range and being given trivial taskings. I would suggest that you read up on the regs pertaining the separation that the command is trying to initiate and contact a civilian attorney well versed in ucmj and state law to fight the dui charges and army separation. I doubt your command will court martial you and give you a fighting chance but rather take the cowardly route and try to admin sep you, probably even will try to convince you to waive the board and take the discharge.
 
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