PLEASE HELP !!!!!!!! PENDING CHAPTER READ BEFORE ASSUMING PLEASE

JLaw26

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First let me say please read this i need some input three children depend on the help i can get. I went to see JAG they are not much help. Here it goes in november i popped hot on a UA for dextroamphetamine- ADDEROL I take methylphenidate- Ritalin (concerta) they look chemically similar so it could have been an error on their end given that what was found was only .001043 mg of DAMP (dextroamphetamine) or the only other thing is my ADHD medicine and my sons got mixed up somehow I have PTSD, Major anxiety disorder, and major depressive disorder long story short i rarely pay attention to anything so yes it is possible (and yes after this i made sure to keep them rooms apart). I have 100% VA 50% DOD PDRL. I dont wanna lose this i brought up that the mro could be wrong but that got shot down i have evidence that was shot down by him to include a hospital statement saying roughly drug results are inconsistent when one or more medications affect metabolism along with one vocal testimony from my doctors nurse in front of my supervisor and documents from the national library of medicine. Also working in my favor is that i can prove i dont abuse through testimony i show no signs ( because i really dont take crap im not suppose too). so i know you guys are saying well you have nothing to worry about however, army officers do not think along the same lines as normal people all the CG is going to see is "hey this guy pissed hot" cause its always black and white and he will never see my side or see that this is not just some guy who pissed hot this was a mess up on one of two sides mine or the MRO and the rest of my life is fucked and my family is going to suffer I AM BEGGING ANYONE WHO READS THIS IF YOU CAN HELP OR ADVISE PLEASE DO ! 8 yrs in and one article 15 thats it besides counselings that went into the AR and i was no angel at my past units however never bad enough for admin action on it just counseled.
 
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TSgt Twitch

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well, you have your percentages which means you have proof of mental conditions etc. so my question is why are you not out yet?
I do not believe they would BCD/DH/OTH your discharge you for pissing hot, you may loose your "retirement" but i believe you would keep the 100% VA which if I am not mistaken provides coverage for your children etc. and you would still have commissary/bx privileges.

the few I have seen discharged from the AF for drugs, ( limited to marijuana/spice/cough syrup abuse) where done as "under honorable conditions" or non categorized. I am not saying to give in on your case if you think you have one, I believe mistakes can happen with multiple pill bottles sitting next to each other, especially if you have mental health issues that could cause confusion/dillusion etc.

You are correct however most CC's see it as black and white. I would lawyer up quick like, and decide what you can do and what fight is worth fighting. if they offer you an "admin" sep. and you do not have a leg to stand on according to your lawyer, take it. if they wanna give you other than honorable/bad conduct/dishonorable, then fight it no matter what.
 

JLaw26

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Registered Member
Thank you for your feedback I did lawyer up and they told me this is stupid and they cant chapter me cause my End of Term of service is coming up and since i am entitled to and admin sep board they will never get it in time but i still dont wanna start all over or lose my PDRL and the reason why i dont know if they would just not put it through i would be out in 12 days from now. Im in TRANSPROC now which means 3 days until orders but if they read me i can be pulled from transitions list and they are going to officially read me thursday or friday (Jag verified)this is wrong and i know theres gotta be a way for those of us who dont do drugs like that to be heard or something i would shut up and take it like a man if i was dumb enough to fuck over my family and committed an offense warranting this but i cant let it go down like this when I didnt mean to or do it at all but it seems i have no voice and even if i get an honorable i have to start over with va which means no income for 6 months at the least cause i cant a hold a job in current condition or find a place to live to get such a job or even the money to relocate i dont care about me i could survive but my kids cant without me providing.
 

JLaw26

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Registered Member
i dont know anyone who would knowingly use something there were not suppose to knowing the consequences that will befall them and the ones they love why dont they see that. they also said they are pushing it cause reg says they have too.
 

nwlivewire

PEB Forum Regular Member
PEB Forum Veteran
i dont know anyone who would knowingly use something there were not suppose to knowing the consequences that will befall them and the ones they love why dont they see that. they also said they are pushing it cause reg says they have too.

Lawyer up and go to the wall with this.

And I mean all the way!

At worst case, you'll still be on payroll and feeding your kids while this unwinds - and then get kicked out.

At best case, once you're read and elect to fight this at every step - all the way, they could decide to back down, drop charges and you get your medical discharge.

Get a damned good lawyer - you're going to need one.

nwlivewire
 

ranger2992

PEB Forum Regular Member
PEB Forum Veteran
First let me say please read this i need some input three children depend on the help i can get. I went to see JAG they are not much help. Here it goes in november i popped hot on a UA for dextroamphetamine- ADDEROL I take methylphenidate- Ritalin (concerta) they look chemically similar so it could have been an error on their end given that what was found was only .001043 mg of DAMP (dextroamphetamine) or the only other thing is my ADHD medicine and my sons got mixed up somehow I have PTSD, Major anxiety disorder, and major depressive disorder long story short i rarely pay attention to anything so yes it is possible (and yes after this i made sure to keep them rooms apart). I have 100% VA 50% DOD PDRL. I dont wanna lose this i brought up that the mro could be wrong but that got shot down i have evidence that was shot down by him to include a hospital statement saying roughly drug results are inconsistent when one or more medications affect metabolism along with one vocal testimony from my doctors nurse in front of my supervisor and documents from the national library of medicine. Also working in my favor is that i can prove i dont abuse through testimony i show no signs ( because i really dont take crap im not suppose too). so i know you guys are saying well you have nothing to worry about however, army officers do not think along the same lines as normal people all the CG is going to see is "hey this guy pissed hot" cause its always black and white and he will never see my side or see that this is not just some guy who pissed hot this was a mess up on one of two sides mine or the MRO and the rest of my life is fucked and my family is going to suffer I AM BEGGING ANYONE WHO READS THIS IF YOU CAN HELP OR ADVISE PLEASE DO ! 8 yrs in and one article 15 thats it besides counselings that went into the AR and i was no angel at my past units however never bad enough for admin action on it just counseled.

In a case like this, you need to beg, or borrow the money to get a civilian lawyer. I know it is not what you want to hear, and the first reaction is the money is not there, but it is. It is a matter of shuffling things, going without some things, and asking for help from family or friends.

This is a situation where advice on here is not going to do it for you. Only real legal advice will. There could be a potential defense that your IDES qualifying condition could prove as a defense, but it needs to be handled by a pro.

Make sure you use all of your appeals in this case, invoke your rights, and don't talk to anybody about this. Trying to explain your situation, or how you may have gotten the two meds confused, can be used against you, and you don't want to let that happen.

Your command may even come to you and say "hey we are going to offer you an art 15, and be done", but I would even be very cautious of that. It can and will bite you.

I am sorry I can't be more help, but this is a situation where I don't think advice on here helps. Only a lawyers help is going to work.

Joe
 

Jason Perry

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Sorry to hear of this situation. There is not much in the way of advice that can help you. You need a lawyer that is equipped to fight this situation and present the strongest case for you. I hope all works out well for you. Good luck!
 

JLaw26

PEB Forum Regular Member
Registered Member
thank you all very much believe it or not your advice does help and just the support by posting renew the self esteem and confidence that they try to rip away ill keep fighting the good fight thank you all again so much
 

ranger2992

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PEB Forum Veteran
thank you all very much believe it or not your advice does help and just the support by posting renew the self esteem and confidence that they try to rip away ill keep fighting the good fight thank you all again so much

I just went back and read again. So you have not been read the article 15 yet? You know you have the right to refuse article 15 proceedings right? You can ask for a courts marshal, retain private defense, and then present evidence to a jury instead of a commander who can hammer you.

Based on what you are saying, the UA was marginal, and would appear as something a good lawyer could jump on. A defense based on your disability, and your personal defense can be presented. When you walk in front of a commander and admit what you did, you are throwing yourself to the mercy of that commander. He has way more latitude than you want one person to have.

Call a lawyer tomorrow. Don't do anything without talking to them first, but I don't think this is as hopeless as you think it is. They will have to work hard to make this stick in court, and may not want to put in the work, and just let you go.

My .02, and please don't consider this legal advise. Only a lawyer can provide that. This is just me having been around the military for a long time, and seeing things from the service members side, and the commands side.

Joe
 

JLaw26

PEB Forum Regular Member
Registered Member
Update I win chapter was pulled helps to have served and saved lives. plus my case as I stated above did not pass the common sense test and just pissed the BDE Commander off. The Battery Commander specifically told my TDS Attorney he was pushing it A. cause he could and b. he didnt want to see me paid by the government. take my word for it or not i deserve my ratings and compensation and have the records to back it up this young captain is just a little rich boy never deployed pogue bitch.......anyways thanks for everything again gentlemen.
 

tsj12bbm

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Very glad to see this outcome! Congrats on your upcoming retirement and EARNED benefits.
 

JLaw26

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Registered Member
Hate to keep bitching but please one more piece of advice please. Okay final part of this is obviously orders and clearing I have not came down on Transproc I believe it is because of my stupid PEBLO whom i went to for advice on the way ahead before i was even read the chapter and he started firing off e-mails in every direction. so i am finally read today and it immediately is shot down. So my fear is that he sent all these e-mails out and someone sent some more and stuff got all screwed up without being official. which if this is the case I need to know who should i contact cause i tried calling HRC and they said call my Branch which makes no sense but hey if it is so it is so. I just need to know who to call to get me released to the people who cut orders for a very important reason. I swear on my children's lives on my own life that today when talking to the brigade legal my TDS attorney. My TDS attorney let it slip that the reason why my commander decided to seperate when all he had to do was initiate was because he didnt want to see the government pay someone like me. please any help or ways to contact people who can help me get outta here. for once someone saying there out to get me and i have a hostile working environment really does and if HRC would just do what they do and put me in TRANSPROC i could get orders please what do i do.
 

gsfowler

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Hate to keep bitching but please one more piece of advice please. Okay final part of this is obviously orders and clearing I have not came down on Transproc I believe it is because of my stupid PEBLO whom i went to for advice on the way ahead before i was even read the chapter and he started firing off e-mails in every direction. so i am finally read today and it immediately is shot down. So my fear is that he sent all these e-mails out and someone sent some more and stuff got all screwed up without being official. which if this is the case I need to know who should i contact cause i tried calling HRC and they said call my Branch which makes no sense but hey if it is so it is so. I just need to know who to call to get me released to the people who cut orders for a very important reason. I swear on my children's lives on my own life that today when talking to the brigade legal my TDS attorney. My TDS attorney let it slip that the reason why my commander decided to seperate when all he had to do was initiate was because he didnt want to see the government pay someone like me. please any help or ways to contact people who can help me get outta here. for once someone saying there out to get me and i have a hostile working environment really does and if HRC would just do what they do and put me in TRANSPROC i could get orders please what do i do.
You've one your battle, now is the time to retreat and let the system run it's course. Y


You can be pulled off of the TRANSPROC list. Where I think you should start is the TRANSPROC coordinator who contacted you for documents to put together your packet. Send them a nice email to request what your final day will be.
 

ranger2992

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PEB Forum Veteran
You've one your battle, now is the time to retreat and let the system run it's course. Y


You can be pulled off of the TRANSPROC list. Where I think you should start is the TRANSPROC coordinator who contacted you for documents to put together your packet. Send them a nice email to request what your final day will be.

Totally agree with gsfowler. Remember that you still fall under UCMJ until the day you leave the service. Your frustration is well understood, but it worries me. If you are even displaying a little bit of the anger you are showing here during your final stretch in the service, you will undo all the progress you made.

Smile, say please and thank you, and just bite your tongue until you're done. Once you get out, write call, and use sign language to communicate how wronged you were done, to everybody who will listen. When you drive off the post for the final time, feel free to pull over, drop trow, and moon the post. Just please hold it together until then.

Joe
 

nwlivewire

PEB Forum Regular Member
PEB Forum Veteran
Update I win chapter was pulled helps to have served and saved lives. plus my case as I stated above did not pass the common sense test and just pissed the BDE Commander off. The Battery Commander specifically told my TDS Attorney he was pushing it A. cause he could and b. he didnt want to see me paid by the government. take my word for it or not i deserve my ratings and compensation and have the records to back it up this young captain is just a little rich boy never deployed pogue bitch.......anyways thanks for everything again gentlemen.


YIPPY SKIPPY!

I am VERY glad to read you have jumped over this hurdle!

I hope this young Captain will "season up" and reason up some more.

It's this kind of leadership that is counterproductive. But he's still young enough and hopefully, trainable enough, to learn more of the ropes of becoming a wise leader to his Troops.

Again, I am pleased to read you will get your fair and just due medical retirement.

Keep us posted as to how the rest of your transition is going.

Any other questions - just start a thread. There are lots of folks on here who can offer sane suggestions if you get stuck on a question.
 

Warrior644

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Update I win chapter was pulled helps to have served and saved lives. plus my case as I stated above did not pass the common sense test and just pissed the BDE Commander off. The Battery Commander specifically told my TDS Attorney he was pushing it A. cause he could and b. he didnt want to see me paid by the government. take my word for it or not i deserve my ratings and compensation and have the records to back it up this young captain is just a little rich boy never deployed pogue bitch.......anyways thanks for everything again gentlemen.

Wow! Indeed, congratulations to you and your family! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

Warrior644

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Hate to keep bitching but please one more piece of advice please. Okay final part of this is obviously orders and clearing I have not came down on Transproc I believe it is because of my stupid PEBLO whom i went to for advice on the way ahead before i was even read the chapter and he started firing off e-mails in every direction. so i am finally read today and it immediately is shot down. So my fear is that he sent all these e-mails out and someone sent some more and stuff got all screwed up without being official. which if this is the case I need to know who should i contact cause i tried calling HRC and they said call my Branch which makes no sense but hey if it is so it is so. I just need to know who to call to get me released to the people who cut orders for a very important reason. I swear on my children's lives on my own life that today when talking to the brigade legal my TDS attorney. My TDS attorney let it slip that the reason why my commander decided to seperate when all he had to do was initiate was because he didnt want to see the government pay someone like me. please any help or ways to contact people who can help me get outta here. for once someone saying there out to get me and i have a hostile working environment really does and if HRC would just do what they do and put me in TRANSPROC i could get orders please what do i do.

Indeed, the feedback provided by @gsfowler and @ranger2992 definitely seems to be sound insightful information for sure! :)

To that extent, please remain positively proactive throughout all interactions while still in the DoD IDES MEB/PEB process; the fate of your military disability retirement compensation benefits are potentially still vulnerable at this point in time! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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