He is in Navy. San Diego Naval base. He was in Special ops. Injured last July. They gave him voluntary honorable administrative separation.
This seems like a threshold issue- he accepted a voluntary admin separation; if that was his election and he still wants to be out as soon as possible, that is likely the path he needs to take.
However, it may not be the correct path or the best path. With the injuries described and their likely severity (so severe that he cannot continue to serve) he should have been processed through the MEB and PEB.
This was accepted to be able to get out sooner.
Again, if that was a conscious decision and the need to get out sooner is most important, then even if he should have been processed through an MEB and PEB, then that is apparently a conscious choice. I tend to think, especially with the PTSD and the likely combat-related nature, that this is not the best choice if the goal is to get all he should get compensation-wise.
It seems to me that a running theme is that he has elected a path to get out of the Navy sooner instead of fighting for his due compensation now. That can be a valid choice. However, if it is still his choice and desire, not much to do about changing anything now. Essentially, a Sailor can make decisions and unless he disagrees with the processing, it is hard to point to another path ahead right now. No one gets it both ways- the faster separation and the benefits of going through the process.
He is eligible for va disability considering the injuries he sustained at hazard duty training.
That seems highly likely and if he still wants to be out sooner, then the path ahead is filing his VA claims and, perhaps, later pursing a Board for Correction of Naval Records case to get a disability retirement.
He has all his records and appointments ready for the va here at home . They said not to file in CA because he was being discharged soon and he would need to be available for ratings and physicals which we did not think he would still be there.
The downside of waiting to get discharged before filing vice going through the Integrated Disability Evaluation System is that he is faced with getting VA compensation well past his separation date. Again, a choice made that has consequences.
His paper work was turned in in January. His final appointment was 4 weeks ago with legal and she said everything was done.
The "legal" appointment may well have just been focused on the processing of his chosen path- to exit the Navy as quickly as possible with what i am guessing is an entry level separation. It may well be that there is nothing more that the military legal assistance counsel can do or would be looking to do given his choices.
Just wait for his 10 day out. He is not suppose to go back to legal.
Same comment as above.
He doesn’t know who to ask.
Not sure what he would be asking about GIVEN his election to get out as soon as possible. If he is reconsidering his options, he could go back to the legal office, but it is not at all clear to me that he is considering based on the desire to try for the job you mentioned, below.
Also is nervous if he says anything they could get p——d off and keep him longer.
Yes, if he changed his mind it will take longer. Maybe it pisses some folks off, but the essential tradeoff I am seeing is his desire to leave the Navy as soon as possible versus getting his due compensation via the most likely manner to accomplish that. He can't get both- a quicker out and the benefits of the lengthier process to be evaluated for disability compensation and benefits.
He has only been in Navy 15 months. CO and everyone else supported and are done with him.
Seems likely to me that he was injured in training based on his rate and the time in service. Not sure if the CO and others are "done" with him because his separation packet is being finalized and they assume he is fine. I just don't know enough about the situation to offer more input, though my assumption seems likely.
Anything you recommend would be greatly appreciated.
It depends on what he wants to do. If he is pleased with his course of action and getting out on a voluntary ADSEP basis, then he should follow that path and then file with the VA and likely the BCNR (which will take a substantial period of time and may not result in the proper outcome- at least as compared to what is more likely to inure to his benefit by going through the Disability Evaluation System). If he wants to change his mind and potentially go through the DES, he likely should seek legal counsel.
He is just sitting there waiting. Not easy! No mustering or anything for 8 months.
Understood.
TBI, permented hearing loss with hearing aids, ptsd, neck and back damage.
Seems like he should be going through the DES.
He needs to get home and get rated from va and see what his life is going to be like now! Has a job offer that he wants to take and try.
Again, if this is the path he has chosen and he wants the benefits of that path, he needs to wait for the final resolution of his separation packet.
I hope all goes well for him and that this was helpful!
