Good afternoon everyone! I'm an active duty service member with 16 years of service. I have recieve a notification of seperation 01/20/2021 for an incident that happen in Sep 19 2019. I have been diagnosed with adjustment depression disorder in 2014. I have also been diagnosed with PTSD and TBI. I had been getting seen for TBI and was found unfit but just recieved a profile today! The chapter is 14-12c for senior leader misconduct for fratinization. The Command is pressing for an OTH just wanted to get feed back or any recommendations. I did hire a lawyer but his response is just wait it out until a seperation board. Im just worried that they will go with what the commander requested. This is the only incident I have ever had in my 16 years and would really hate to not have any benefits to show for. I have 3 combat tours to Iraq. Thanks in advance !
Admin sep
- Thread starter Gonzo01
- Start date
You have an attorney. Listen to you attorney. Misconduct and MEB processes can occur concurrently. But not all misconduct can be attributed to illness. Ride it out with your attorney.
I agree with @chaplaincharlie listen to your attorney the worst case is if they pin the OTH on you the VA is the final arbiter on whether you can get VA benefits or not I find that they are quite liberal in this if you have mitigating circumstances in your service treatment records especially combat tours and MST.
This precisely right. The two processes run concurrently and final action on the admin sep is put on hold until the results of the PEB. If medical retirement is approved, the separation author
Chaplaincharlie is correct about the concurrent processing. What this means is that the PEB and the admin sep each work to conclusion. It will be up to the separation authority whether to approve the medical retirement or the admin sep. This means that that the medical retirement could be approved even if a separation board says OTH. Conversely, the sep authority could disapprove medical retirement and approve the admin sep with an Honorable. The point is that characterization doesn’t determine whether you will be medically retired.