IS AR 635-200, CHAPTER 5-17 ADMIN. SEPARATION?

idea0001

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Registered Member
About one month before his third deployment to Iraq, Nov.2007, my son tried to kill himself. Spent 21 days Crossroads mental ward. He was separated under AR 635-200. All paper work and tests leading up to his discharge was for Depressive Disorder NOS, Anxiety Disorder NOS, R/O Alcohol Abuse, and Occupational Problems. All of this was listed on his "MENTAL STATUS EVALUATION". BJACH, FORT POLK, LA. U.S. Army Trial Defense Services had him fill out and sign a waiver. It talked about "depressive disorder, under AR 635-200, Chapter 5".
He has been living in Texas for the past 5 years, I am just now becoming involved. He lost his job in Texas has and moved home to California. Had been seeing a Doctor in San Antonio, he had told him that he has PTSD. Any suggestions?
I have been going through a crash course in all this VA stuff, it's overwhelming. Should we try to have his records fixed through the Army DRB? If so is it easy enough for a layman to do? If we need a lawyer, how much would it cost?

His discharge date was 2/15/2008.

"What was the exact condition that was deemed a condition, not a disability?"
Ph.D. with Crossroad Louisiana Psyc. Services;
AXIS I: Major Depression with Psychotic Features
R/O Alcohol abuse versus Dependence
AXIS II Personality Disorder, NOS
(Paranoid Traits)
His Recommendations: Given his poor coping and level of suspiciousness, I would strongly suggest that this individual be denied any access to weapons. He should be carefully monitored for suicidal/homicidal ideation's prior to hospital discharge. In my opinion, this individual poses a significant risk of harm to himself and others at this time.
Department of the Army LTC: FA Commanding said in a report, "Under the provisions of AR 635-200, Paragraph 5-17, I am initiating action to separate you for Other Designated Physical or Mental condition. The reason for my proposed action is that, mental physicians diagnosed you with Depressive Disorder NOS, Anxiety Disorder NOS, and R/O Alcohol Abuse."
Dept. of the Army Bayne-Jones Army Community Hospital Psychologist said the same thing, except it also had "Diagnosis Deferred on Axis II". It also said "OCCUPATIONAL PROBLEMS".
The U.S. Army Trial Defense Services, called it a "depressive disorder under AR 635-200, Chapter 5"
His FLAG says, "This separation is characterized as a "personality disorder" and an acute inability to operate as a member of a team." goes on..."been substantiated by poor past performance and an in depth psychological assessment by behavioral health professionals." He had never been in trouble before. This was his first and only "FLAG"

Info from his DD 214; TYPE OF SEPARATION, "discharge", CHARACTER OF SERVICE "honorable", SEPARATION AUTHORITY "AR 635-200, PARA 5-17", NARRATIVE REASON FOR SEPARATION "condition not a disability", SEPARATION CODE, "JFV".

I was told in another forum,
"your son waived his rights to a Chapter 61 separation (medical discharge) when he signed the papers agreeing to the Feb 2008 discharge, given the fact he was on medications at the time does not prevent him from making legally binding decisions." Is this true?

Thank You
 
I'm so sorry about everything going on in your life! Keep hanging in there and doing the right thing. :)

Your son should have been med boarded, in my humble opinion (the professionals will be along soon to weigh in). Are you wanting to try to change his type of discharge?

Is your son service-connected through the VA? As long as he wasn't dishonorably discharged, he qualifies for VA disability compensation and care.
 
ceilingfan, thank you.
He had been living in Texas and has just now moved home. He is not getting compensation. He had been help with his continuing problems through a VA outpatient clinic in Texas. Waiting to restart his treatment here in California. Have just filed a claim with the VA. for PTSD.
 
I was told in another forum,
"your son waived his rights to a Chapter 61 separation (medical discharge) when he signed the papers agreeing to the Feb 2008 discharge, given the fact he was on medications at the time does not prevent him from making legally binding decisions." Is this true?

Thank You
No. For many reasons, but, no, he did not "waive" Chapter 61 compensation and benefits. It is possible that he would be found to waive a wrongful discharge claim. That is a different matter.

I think ABCMR is the likely route to challenge this. Or Federal Court if it was just wrongful discharge claim (without going to ABCMR, and not having had a PEB before, he must go to ABCMR prior to Court of Federal Claims).
 
ceilingfan, thank you.
He had been living in Texas and has just now moved home. He is not getting compensation. He had been help with his continuing problems through a VA outpatient clinic in Texas. Waiting to restart his treatment here in California. Have just filed a claim with the VA. for PTSD.
Ok, good. The claim is going to take a while. Supposedly they are attempting to speed up the process but right now it's an average wait of anywhere from a year to 18 months. Make sure you guys are working with the OEF/OIF counselors at the California VA to initiate treatment--they are very knowledgeable on all the different types of treatment available within the VA.

As far as the changing of the discharge, I think you have a very good shot at doing so, and Jason would be the guy to discuss it with. See his above post.
 
Any update on this? We are in the same situation right now, as far as the same chapter and waived rights to a medboard. I don't want to put my husbands info up for everybody to see, but Jason, could I get your email address and maybe I could PM you?
 
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