NJP for Article 121 during MEB

mormegil2

PEB Forum Regular Member
Registered Member
Hello, new here. I'm enlisted Navy over 10 years. I'm in the middle of an MEB, but was recently charged with Article 121 for an incident out in town I'll spare the details to. I assume I'll go to mast, that's fair. Can my CO have me admin sepped regardless of being in a MEB status, and if so, what effect can that have on my disability and possible severance pay. I've never been in trouble and have had a spotless service record heretofore. I'm hoping for mercy but not counting on it.
 
I had pending NJP that seemingly got swept under the rug due to my MEB. My CC wrote in my CIS that no action is pending and it has not been brought back up in months. I'm also a different branch than you, and am not sure what your situation entails but it seems like the MEB can sometimes overrule admin sep if its a minor offense.
 
I am Navy as well. I declined to receive treatment after a SARP evaluation, knowing the consequence was mandatory processing for administrative separation. This was also right before sending my package off to the PEB. From what I have read, the term for ADSEP and MEB concurrently is called dual processing. There is also some guidance I was sent from my awesome DES attorney that I will copy and paste here from the LAPA manual that may help you as well. Best of luck.
-------
"The policy only impacts administrative involuntary separation processing. The
policy indicates, consistent with current law and regulation, that involuntary
administrative separation processing may only take precedence over DES processing
when the basis for administrative processing is misconduct which could warrant a
characterization of service as other-than-honorable (OTH).
The new policy establishes that the first General Officer/Flag Officer (GO/FO) in the
chain of command is the Separation Authority (SA) for processing cases when the
member has been referred into the DES and is being processed for misconduct which
could warrant characterizing the member’s service as OTH.
Whenever the member has been diagnosed with any mental health condition or
neurobiological condition like TBI, the new policy expands the current 10 U.S.C. §
1177 protections and additionally requires that prior to being separated for serious
misconduct, the member, must be evaluated by “an appropriately privileged military
health care provider [to render] a medical opinion as to whether the medical
condition that caused referral into the DES contributed to a basis for which the
member is being separated.” The SA remains the first General Officer/Flag Officer
(GO/FO) in the chain of command, unless current regulation directs a more senior
officer to be the SA. The SA must document their determination, in writing, that the
member should be separated for misconduct despite the presence of the medical
conditions(s)."

- Legal Assistance Practice Advisory 3-16 (Dual Processing)
 
I am Navy as well. I declined to receive treatment after a SARP evaluation, knowing the consequence was mandatory processing for administrative separation. This was also right before sending my package off to the PEB. From what I have read, the term for ADSEP and MEB concurrently is called dual processing. There is also some guidance I was sent from my awesome DES attorney that I will copy and paste here from the LAPA manual that may help you as well. Best of luck.
-------
"The policy only impacts administrative involuntary separation processing. The
policy indicates, consistent with current law and regulation, that involuntary
administrative separation processing may only take precedence over DES processing
when the basis for administrative processing is misconduct which could warrant a
characterization of service as other-than-honorable (OTH).
The new policy establishes that the first General Officer/Flag Officer (GO/FO) in the
chain of command is the Separation Authority (SA) for processing cases when the
member has been referred into the DES and is being processed for misconduct which
could warrant characterizing the member’s service as OTH.
Whenever the member has been diagnosed with any mental health condition or
neurobiological condition like TBI, the new policy expands the current 10 U.S.C. §
1177 protections and additionally requires that prior to being separated for serious
misconduct, the member, must be evaluated by “an appropriately privileged military
health care provider [to render] a medical opinion as to whether the medical
condition that caused referral into the DES contributed to a basis for which the
member is being separated.” The SA remains the first General Officer/Flag Officer
(GO/FO) in the chain of command, unless current regulation directs a more senior
officer to be the SA. The SA must document their determination, in writing, that the
member should be separated for misconduct despite the presence of the medical
conditions(s)."

- Legal Assistance Practice Advisory 3-16 (Dual Processing)
Your DES lawyer seems better informed than mine. Thanks for the reference, I appreciate it! What, if I may ask, became of your case?
 
I had pending NJP that seemingly got swept under the rug due to my MEB. My CC wrote in my CIS that no action is pending and it has not been brought back up in months. I'm also a different branch than you, and am not sure what your situation entails but it seems like the MEB can sometimes overrule admin sep if its a minor offense.
You my friend are one of the proverbial "lucky ones". Perhaps I'll be as fortunate. My chain of command assures me that separation very unlikely in my case, that I'm more likely to have pay taken away, and receive extra duty. I like to be mentally prepared if I can.
 
Your DES lawyer seems better informed than mine. Thanks for the reference, I appreciate it! What, if I may ask, became of your case?
Sorry for the late response but the case is still ongoing. Package was excepted by the PEB on FEB 1 so awaiting on findings. I will keep you posted as well as post my timeline once I receive news. My command is holding off the ADSEP for now, or may have just forgot, but after talking with them months ago when it all went down, I likely fall in one of the categories listed in the LAPA that would give precedence to the medboard.
 
Sorry for the late response but the case is still ongoing. Package was excepted by the PEB on FEB 1 so awaiting on findings. I will keep you posted as well as post my timeline once I receive news. My command is holding off the ADSEP for now, or may have just forgot, but after talking with them months ago when it all went down, I likely fall in one of the categories listed in the LAPA that would give precedence to the medboard.
I see. Here's to hoping it goes your way Mike. I'd appreciate any update you care to give.
View: https://youtu.be/wAf-DxyRano
. I suggest you listen to this and adopt that attitude, it's helped me in this time of anxiety and waiting. I've also gotten alot of positive feedback from a few people at work, still very much looking forward to having this behind me.
 
I assure you they aint forgot. They are probably just waiting to see if PEB is gonna get you and if not they will spring into action. But initiating a adsep while going through PEB would involve lawyers and delay after delay after delay and the command dosent wanna look bad.
 
Welp, went to XOI, then up to Mast. Got some money taken away. That's the end of it, no ADSEP. One of the best days of my life; learned something valuable, got punished, but not too severely.
 
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