Discharge under other than Chpt 61 Title 10 USC

stephannie2001

PEB Forum Regular Member
Good morning, just recieved my results from SAF/MRBP It states that it confirms the finding that the condition was not incurred in the line of duty and that it existed prior to service and was not aggravated by service. Although the incident that caused my PTSD took place during prior Army enlistment, I clearly exhibited willful negligence when I signed an AF 507 denying hospitalization within the previous year for that very illness which I am claiming LOD. If this condition indeed recur and was indeed aggravated by four weeds of Man-Days in my guard unit, this aggravationmust be due to my own intentional misconduct or willful negligence , that is this alleged recurrence and aggravation could not have occurred if I had been truthful and forthcoming about my hospitalization for PTSD which would have resulted in medical action to determine if I was indeed fit to return to active duty. It stated that I was accessed into the guard and later placed on active orders as a result of my statement specifically denying both hospitalization and the chronic and serious nature of my illness. The letter also states that the presumption of aggravation can only be overcome by compelling evidence to the contrary, that my completing a VA C&P exam only days before coming on active duty orders demonstrates the serious nature of my illness as well as previous hospitalization for this condition and also recieving a % from the VA for the previous three years doucments the serious conditons of my illness at the same time as when I came on orders. The presumption of aggravation is clearly overcome by the evidence which shows that my illness cannot have recurred or been aggravated by service in this branch. The board is satisfied that the factors did exist and that the SM is not entitled to LOD action pursant to the paragraph of the DOD instruction. They state that I continue medical care through the VA for any service disabilities that I may have The DES is responsible for maintaing a fit and viatl fighting force and only compensates conditons that lead to the termination of a member's career through unfitness. Last but not least, go to the AFBCMR.
 
How long ago did you leave active service? I don't know on what basis they are limiting service incurrence/aggravation to current term of service. Also, the facts suggest an issue with 10 U.S.C. Sec. 1219 ("
A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid.')
 
How long ago did you leave active service? I don't know on what basis they are limiting service incurrence/aggravation to current term of service. Also, the facts suggest an issue with 10 U.S.C. Sec. 1219 ("
A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid.')
My DOS is 3/28/2012 from the guard, the sexual assualt occurred in 1997/98. As far as i know,I did not sign any statement in reference to my PTSD illness all information was listed on an chronological medical form SF 600 that I used to enter the guard.
 
The concealment of any fact which, if known at the time could have resulted in rejection (from enlistment) constitutes fraudulent entry. Fraudulent entry carries a tentative characterization of service of under other than honorable conditions. A soldier cannot be processed under the DES when pending a discharge which could result in an UOTHC discharge unless it is determined that the disability caused the misconduct.
 
Steph,

You should retain council if you wish to further this issue. You may even be able to find a Veteran Advocacy group that can retain it on your behalf. Please dont get discouraged. I wish you the best and hope you are doing well. Bless you!
 
Thank you all, I had gotten discouraged for a few weeks because I do not have funds available to obtain counsel/counsil. all I currently recieve at this moment is 1200.00 from the VA for disability, nothing else, I am not working, haven't worked since Sept. 2009. I've not lied about my enlistment or anythng. On the flip side, I recieved a phone call from DFAS at my old unit, they informed me that I was supposed to be getting a disability check and wanted to know my bank account info so that they can deposited it in. The guy said that they had put in for the approval back in February 2012 when my paperwork was still at AFPC. I explained that there must be some mistake because AFPC stated that I was to be discharged under other than Chpt 61 title 10 and that my condition existed prior to service. It stated that I do not have 8+years of service and that my total years of service equal 7yrs 9mths and 13days. I have my LES which shows that my total yrs of service is 23 yrs all together. The guy at DFAS stated that AFPC does not dictated whether or not I qualified for disability or not. If possible, could someone please chime in and explain this.
 
Since it is your Army unit that is saying you are receiving a military disability, I'd suggest calling

U.S. Army Physical Disability Agency
2900 Crystal Drive
Arlington, VA 22202
Toll-Free Number: (877) 577-3065

They can tell you whether you were separated due to physical disability from the Army.
 
Thank you for that info, but it is not the army, funny enough, it is the air force, my air national guard unit.

Another possible resource is a website for Active Duty AND Women Veterans is called SWAN - Service Women's Action Network.

They may also be able to direct you to free or low-cost legal assistance for your situation.

SWAN is very active in MSA issues and are a leading edge organization to correct eggregious errors in the military systems that are affecting SMs/Vets whose issues fall into this MSA arena.

They are also a good resource for additional help like counseling and law.

http://servicewomen.org/

SWAN peer support helpline = 1.888.729.2089

1. Leave your name, contact number, and time zone for your area.
2. A case manager will return your call and provide assistance/direction.
3. SWAN helpline checks for messages during their day hours in their time zone, so be sure to leave them your contact info.

4. OR, you can email them at: peersupport@servicewomen.org

V/r,
nwlivewire
 
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