Fraudulent enlistment??

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OhHeyItsHim

PEB Forum Regular Member
Registered Member
I need immediate assistance or advice regarding my situation. I started an MEB in 2022 for a mood disorder. Shortly after, my command initiated an admin separation for PT failures. In 2023, I was hospitalized, and in May 2024, the PEB came back with a 90% medical retirement decision, ruling that my condition was non-preexisting and exacerbated by military service.

I’ve met with my mental health team weekly for the past three years. Every time, they reassured me I had nothing to worry about regarding the admin separation and encouraged me to stay hopeful. Even just a few days ago, they looked me in the eyes and told me I had nothing to worry about.

Today, I received my discharge papers. My command is pushing for fraudulent enlistment and claiming I lied on my security clearance paperwork. Why? Because included in my discharge packet was a memo from my mental health team and signed by my therapist herself I see at MH weekly (dated October) stating that I had a pre-existing mental health condition that wasn’t worsened by service and that I failed to disclose it during enlistment.

What is this so-called pre-existing condition? An isolated ER visit when I was 12–13 years old that I openly talked about. I was never diagnosed, treated, or prescribed anything. So what in the hell was I supposed to disclose during enlistment??? I had no ongoing or past condition at the time???

I feel SO blindsided and betrayed by the very people who told me I was fine. I don’t even know how to fight this. Has anyone experienced something similar or have advice on what steps I can take next?

Can I still fight for the medical retirement?? Can I get second opinions?? I can’t see the ADC until Tuesday :(

I’ve been active duty for 7.5 years
 
Not trying to pick on you but for clarification:

You went to the ER for a mental health episode and didn’t disclose it when enlisting? Then talk about it openly?

Without more info, it sounds like they have a case. I would hire the best possible attorney you can find. The lifetime ROI could be tremendous.
 
JMATTK said:
Not trying to pick on you but for clarification:

You went to the ER for a mental health episode and didn’t disclose it when enlisting? Then talk about it openly?

Without more info, it sounds like they have a case. I would hire the best possible attorney you can find. The lifetime ROI could be tremendous.
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My family took me to the ER, was maybe there for an hour. Was never diagnosed, treated, medicated, or anything. I was sent home and was told it was just stress.

They’re calling it fraudulent because I marked “no” on prior hospitalizations. This was not a hospitalization. This was a short visit.
 
I'm very confused. Your discharge paperwork you received today is saying they are trying to separate you for something other than a Chapter 61 medical retirement onto the PDRL as the PEB found? Do you not already have medical retirement orders?
 
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PolloxTroy08 said:
I'm very confused. Your discharge paperwork you received today is saying they are trying to separate you for something other than a Chapter 61 medical retirement onto the PDRL as the PEB found? Do you not already have medical retirement orders?
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I do not have medical retirement orders yet. I’m being dual-processed for Bipolar Disorder and PT failures. I started this process 3 years ago, as hard as that may be to believe. The PEB finally came back to me in May of last year with a determination for medical retirement at 90%. I’ve sat waiting for final determination ever since.

Just today, I was presented by my commander with the recommendation of a General, Under Honorable by way of fraudulent enlistment. They’re citing that I failed to disclose mental health conditions and a hospitalization, even though I was never hospitalized, treated, medicated, or diagnosed.

I also have a form in my discharge packet, signed by my two MH providers (the same ones that said I have nothing to worry about just the other day) saying that I am returned to my command on the basis that this is a pre-existing condition. This is news to me.
 
OhHeyItsHim said:
I

I do not have medical retirement orders yet. I’m being dual-processed for Bipolar Disorder and PT failures. I started this process 3 years ago, as hard as that may be to believe. The PEB finally came back to me in May of last year with a determination for medical retirement at 90%. I’ve sat waiting for final determination ever since.

Just today, I was presented by my commander with the recommendation of a General, Under Honorable by way of fraudulent enlistment. They’re citing that I failed to disclose mental health conditions and a hospitalization, even though I was never hospitalized, treated, medicated, or diagnosed.

I also have a form in my discharge packet, signed by my two MH providers (the same ones that said I have nothing to worry about just the other day) saying that I am returned to my command on the basis that this is a pre-existing condition. This is news to me.
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This sounds beyond ridiculous to me. What level commander are we speaking about? If it's just a O3/Company level, I'd talk to your higher leadership. Have you talked to your PEBLO about it? Where are you located? I would contact your local Ombudsman and Patient Advocate Office as well, that's what they're there for. Also, you may want to reach out to a private PEB attorney like Jason Perry, Joel Petit, or John Gately; they give free consultations and would be able to provide you with advice and if you will likely need representation.
 
Get an attorney. Stress is a normal part of life, not a diagnosis.
 
OhHeyItsHim said:
I

I do not have medical retirement orders yet. I’m being dual-processed for Bipolar Disorder and PT failures. I started this process 3 years ago, as hard as that may be to believe. The PEB finally came back to me in May of last year with a determination for medical retirement at 90%. I’ve sat waiting for final determination ever since.

Just today, I was presented by my commander with the recommendation of a General, Under Honorable by way of fraudulent enlistment. They’re citing that I failed to disclose mental health conditions and a hospitalization, even though I was never hospitalized, treated, medicated, or diagnosed.

I also have a form in my discharge packet, signed by my two MH providers (the same ones that said I have nothing to worry about just the other day) saying that I am returned to my command on the basis that this is a pre-existing condition. This is news to me.
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It says something about PD.
Diagnosed with unfitting condition (personality disorder), briefed on MEB process

Then it says Bi-Polar.

Lastly how did you start the MEB process? or were you refered?

Lastly if this goes to court, or something I believe you will win. You were not diagnosed and there are no records that state otherwise, it seems
 
disguishedinred said:
Was following from the beginning and wanted to see the outcome of this case if it ever went anywhere?
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Sorry for not updating this thread in ages. I medically retired in September 2025 and totally forgot about this forum.

Anywho, I ended up going full ballistic:
  • I contacted patient advocate on my mental health team and got my main provider removed from the office. I believe she ended up going to some computer/clerical job down the hall and no longer works with patients. Her telling me everything was fine for 3 years all while telling my commander behind my back that I failed to disclose a hospitalization (that was only a one hour visit 15 years ago) to get me out for fraudulent enlistment enraged me to a level I have never seen myself at before. I walked into her office angry crying asking her to define "hospitalization" for me and she said any visit to the hospital no matter if it was 5 minutes or 5 days. A provider who believes that has no business dealing with patients. Turned out I wasn't the only one she did this to.
  • I contacted both on-base attorney's and civilian attorneys. The civilian attorneys threated my squadron command team with a public relations nightmare and they even got my Wing commander involved. My squadron commander ended up getting relieved of duty a month after I finally medically retired. No one ever liked him and he was quite shady, so I feel my situation was the final nail in the coffin for his career. My first sergeant also got relieved of duty at the same time.
My fraudulent enlistment package ended up getting shredded and I got new medical retirement orders within a few weeks of that. I am now a civilian rated at 90% and medically retired, but oh man, did that take one HELL of a fight and a mountain of hiking.

One message I would like to put out there for anyone dealing with something similar is this, because I feel it is incredibly important to hear:

During the 3+ years it took for me to start and finish this process, I was already dealing with intense mental health struggles and suicidal ideation from bipolar disorder that I did not yet understand or know how to manage because the onset was so rapid and severe. This process, combined with a terrible command team and an absolutely torturous mental health care experience, made everything exponentially worse to the point where I was contemplating driving into oncoming traffic every single morning on my way to work.

But my message to you is this: KEEP FIGHTING!!

Do not let other people tear you down, intimidate you, or scare you with threatening language and worst-case scenarios. You have rights. You have resources available to you. Use them. Advocate for yourself even when you are exhausted.

This process can be severely depressing, severely anxiety-inducing, and it will very likely amplify whatever mental health struggles already exist underneath. Understand that those emotions are real, and understand that many others before you have felt them too. But do not let the process convince you that your life is over or that there is no way out.

Keep fighting for yourself, your future, and your wellbeing, because one day this process will finally end. And when it does, you will be grateful that you kept going and then you too can share your experience with the people after you.
 
seaairmariner said:
It says something about PD.
Diagnosed with unfitting condition (personality disorder), briefed on MEB process

Then it says Bi-Polar.

Lastly how did you start the MEB process? or were you refered?

Lastly if this goes to court, or something I believe you will win. You were not diagnosed and there are no records that state otherwise, it seems
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It almost went to court, but my civilian attorneys were amazing at their job. They made the situation an absolute hell for my command team and providers. My Sq CC, First Sergeant, and my mental health provider were all relieved of duty.
 
OhHeyItsHim said:
It almost went to court, but my civilian attorneys were amazing at their job. They made the situation an absolute hell for my command team and providers. My Sq CC, First Sergeant, and my mental health provider were all relieved of duty.
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Smart Move. You got Civilian Attorneys to represent you while in service? At what point did they enter? During or before DES process? The things I am learning about the military, after serving myself 1994-2002 is sort of well eye opening.
 
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