Being investigated by OSI

T

ThrowawayLily

PEB Forum Regular Member
Registered Member
Hey all,

I was previously diagnosed during active duty with chronic adjustment disorder. I palace chased and got a 10% disability from the VA for that condition. Feel free to look through my post history for further details. Anyway, I was deployed April of 2016 as an activated reservist. Doctor found me fit to deploy even though I had been in a mental hospital in April 2015. Needless to say, I got to the deployed location, had a complete mental breakdown, and was returned to the states after only 5 days in country. I was returned to inactive reserves and diagnosed (again) with chronic adjustment disorder and borderline personality disorder. I was put on a profile so I can't PCS, go TDY, deploy, etc. This diagnosis was by a military doctor. An LOD is submitted by my reserve unit, but it isn't moving anywhere because OSI is investigating whether I am faking the condition or not. So far, they have spoken with my wife, my parents, and I am assuming my supervision who was deployed at the same time. They have been investigating for nearly 160 days. My question is, is it normal for OSI to investigate this extensively into an LOD? Especially since I was diagnosed by a military doctor, currently take anti-depressants prescribed by a civilian doctor, and currently see two therapists. All civilian records are in my military record as well. Am I missing something here or is this standard procedure? Thanks for any help.
 
You should have access to a Jag lawyer through the reserves. Contact them and they can contact OSI. Sounds to me like someone in your deployed chain of command initiated this. Doesn't mean there is a consensus or conspiracy.
 
I suggest you talk to the ADC and refrain from making comments on public forums. Everything you say in a public forum is free game in non-judicial punishment or a courts martial.
 
JAG is not there for you in almost any circumstance. Their primary role is to protect and guide command.

Your reserve commands medical section is your best advocate. Airman Defense Counsel will only talk to you when you are on a certain title of orders. If there is any judicial proceedings they should provide you with a legal representative.

It wouldn't hurt to seek legal counsel from a civilian DES attorney that handles these types of cases. That way you can already have someone there to guide and help you through it, in good or bad.
 
Hey brother.

I have had my run-in with OSI (for a different matter), but as it has been said, refrain from posting or doing anything that could be used against you.

I would go to JAG/ADC and ask for advice/representation. If they question you, you may request Article 31 UCMJ (the same as 5th Amendment) and ask to have a lawyer represent you.

Your case will of course not be mine, but I was cleared on the fact that I made no statement, no one else made a statement, and my JAG sent a letter stating that she will be the one representing me. She told me not to, just Article 31. OSI had nothing to go off of, and everything was inconclusive.

Good luck.
 
It's interesting the stark contrast in relation to the JAG of each base. I've been amazed at the lack of advocacy and clear direction from differing commands. My whole base was briefed by JAG and he made it clear that he was not there for the members. But was there to help command post and their interests. He almost went out of his way to make this known.

I still attempted to contact them to ask about legality of an "In the line of duty". And was met with a very strange reception to say the least.

I attempted to contact area defense council they could not help while I was on technician status. You are your best advocate, is what I've come to gather.

Being 100 percent honest and documenting all communications along with doctor appointments; this has been very helpful in my case. The military doctor who is the final authorizing official before the LoD leaves the medical section and reaches your command is very important.

Another huge advocate is the medical doctors who diagnose and test your illness or illnesses. This is where you have power or leverage in the sense that it's not your words it's a professional who signs or puts there stamp on it.

Talking more about the process on this forum helps alot. I think if people are aware of processes and the specifics that applies to them they have alot more direction. I know that's what brought me to this site.

Sometimes it feels like leadership withholds valuable Information on the processes. Or at times they plea ignorance or are just that.

I see alot of envy in my travels. Alot of people seem to withhold information out of envy to spite the person seeking help. Envy that the disabilty is not in their cards or maybe just self interest driven. Its a strange road to walk to say the least.

Hope all goes well in your case brother!
 
FSI1212 said:
Hey all,

I was previously diagnosed during active duty with chronic adjustment disorder. I palace chased and got a 10% disability from the VA for that condition. Feel free to look through my post history for further details. Anyway, I was deployed April of 2016 as an activated reservist. Doctor found me fit to deploy even though I had been in a mental hospital in April 2015. Needless to say, I got to the deployed location, had a complete mental breakdown, and was returned to the states after only 5 days in country. I was returned to inactive reserves and diagnosed (again) with chronic adjustment disorder and borderline personality disorder. I was put on a profile so I can't PCS, go TDY, deploy, etc. This diagnosis was by a military doctor. An LOD is submitted by my reserve unit, but it isn't moving anywhere because OSI is investigating whether I am faking the condition or not. So far, they have spoken with my wife, my parents, and I am assuming my supervision who was deployed at the same time. They have been investigating for nearly 160 days. My question is, is it normal for OSI to investigate this extensively into an LOD? Especially since I was diagnosed by a military doctor, currently take anti-depressants prescribed by a civilian doctor, and currently see two therapists. All civilian records are in my military record as well. Am I missing something here or is this standard procedure? Thanks for any help.
Click to expand...

As a psychologist, I'm disgusted that OSI would be meddling in this. ANYWAY. Were you evaluated by a psychologist? Did that psychologist conduct testing to determine that you have borderline PD? Tests should have included at a minimum computerized testing.

I would definitely contact a lawyer. And get a copy of your medical records, to include the psych testing report. Also, assuming that a psychologist tested you and diagnosed you, I would engage with them to see if they can engage with your command.

It's ridiculous to assume that you'd be faking borderline PD. Why? Because it's presumed to have existed pre-service, would lower your overall disability claim, and you won't be able to get any disability for it. There's really very little secondary gain for it. Plus, unlike some other conditions, it's far harder to fake.
 
FSI1212 said:
Hey all,

I was previously diagnosed during active duty with chronic adjustment disorder. I palace chased and got a 10% disability from the VA for that condition. Feel free to look through my post history for further details. Anyway, I was deployed April of 2016 as an activated reservist. Doctor found me fit to deploy even though I had been in a mental hospital in April 2015. Needless to say, I got to the deployed location, had a complete mental breakdown, and was returned to the states after only 5 days in country. I was returned to inactive reserves and diagnosed (again) with chronic adjustment disorder and borderline personality disorder. I was put on a profile so I can't PCS, go TDY, deploy, etc. This diagnosis was by a military doctor. An LOD is submitted by my reserve unit, but it isn't moving anywhere because OSI is investigating whether I am faking the condition or not. So far, they have spoken with my wife, my parents, and I am assuming my supervision who was deployed at the same time. They have been investigating for nearly 160 days. My question is, is it normal for OSI to investigate this extensively into an LOD? Especially since I was diagnosed by a military doctor, currently take anti-depressants prescribed by a civilian doctor, and currently see two therapists. All civilian records are in my military record as well. Am I missing something here or is this standard procedure? Thanks for any help.
Click to expand...

This is from my standpoint as a previous AD Paralegal. I would contact the defense counsel and let them know ahead of time that this is going on. Yes, 160 days is normal. They want to make sure. It's not just OSI investigating. After they get the data it's sent to other offices like the legal office. Then a paralegal and an attorney will review the case. It'll go back to the commander etc. It does take a long time. Especially since it had to do with mental issues. Think of a conscientious objector. They will want to make sure it's for real and not some guy just trying to get out of the deployment. Allow the time it takes. Don't freak out. If it's legit then you have nothing to stress about. If it comes back that they don't believe you then there's always steps you can take.
 
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