My current status
I have 20 years and 5 months with my 1405 time. I am eligible for my 20-year regular retirement 2 August 2024. I was in an accident 2 years ago and have 3 major injuries. My LOD for the injuries was found NLD-DOM because I had alcohol in my system with the blood work from the ER. They said I was 0.24 and there is no way. My blood absolutely got mixed up with a guy that was in the adjacent room that was irate and had to be restrained by hospital security. The ER nurses were in chaos that night. I have witness statements from first responders and the police report from the state trooper that state no signs of impairment. The IO found the LOD ILD because of the statement from the trooper that said no sign of impairment! My State SSO found the LOD NLD-DOM because of the BAC of 0.24. AR 600-8-4 Chapter3-12 states The first time a NLD finding is being contemplated against a Soldier in an injury, illness, or disease case, at any level, the individual considering the finding (IO, appointing authority, or approving authority) will notify the Soldier in writing of the proposed NLD finding and provide a copy of any supporting documents before the approval authority makes the official NLD finding. (1) Once the initial notification has been made, the Soldier must be given ample time to rebut, normally 30 days, but the time period allowed is at the discretion of the individual providing the notification (IO, appointing authority, or approving authority).
This never happened until I got the approved LOD determination letter back from NGB. The last authority. That means 4 Authority’s looked at this LOD and made the same decision without ever notifying me! Now I am scrambling to get witness statements and what not to prove I was not impaired at the time of the accident. The Final authority memo references AR 600-8-4 Chapter 4-10 as supporting their determination. AR 600-8-4 chapter 4-10 states A Soldier who voluntarily becomes intoxicated is held to the same standards of conduct as one who is sober. While merely drinking alcohol is not misconduct, intoxication does not excuse misconduct. a. If an injury is incurred as the proximate cause of voluntary intoxication, it is incurred as the result of misconduct. For intoxication alone to be the basis for determining misconduct with respect to a related injury there must be a clear showing that the Soldier’s physical or mental faculties were impaired due to intoxication at the time of the injury, that the impairment was voluntary, and that the impairment was the proximate cause of the injury. b. Development of a disease (cirrhosis of liver) that may be a result of the use of alcohol or other legal drugs is not misconduct. It would be considered as "ILD."
Once again, the Sherriff deputy and the state police reports stated no signs of impairment!
I am looking for advice.
With all this said they will most likely start an MEB on me for these injuries which are permanent, and I also have a P3 permanent profile for PSTD. I can drop my DA 4187 request to retire and just start my leave 31 May 24 with a retirement date of 3`1 August 24 or try and fight this.
With this said on the PTSD AR 600-8-4 also states D-9 Rule 9
c. Mental and emotional disorders will be identified, evaluated, and documented pursuant to DHA or DoD policies and procedures. If DHA or DoD policies and procedures have not been prescribed, then MTF personnel must identify, evaluate, and document mental and emotional disorders. A Soldier may not be held responsible for his or her acts if, as the result of mental defect or disease, the Soldier was unable to comprehend the nature of such acts or to control his or her actions. Therefore, these disorders are considered "ILD" unless they existed before entering the Service and were not aggravated by military service. Personality disorders by their nature are considered as EPTS. (PTSD Permanent profile???)
I have almost 27 year service total and I at the end of my 20 year AGR career
Any suggestions? I am not getting any help or advice from my state just like they didn’t follow AR with the findings!
I have 20 years and 5 months with my 1405 time. I am eligible for my 20-year regular retirement 2 August 2024. I was in an accident 2 years ago and have 3 major injuries. My LOD for the injuries was found NLD-DOM because I had alcohol in my system with the blood work from the ER. They said I was 0.24 and there is no way. My blood absolutely got mixed up with a guy that was in the adjacent room that was irate and had to be restrained by hospital security. The ER nurses were in chaos that night. I have witness statements from first responders and the police report from the state trooper that state no signs of impairment. The IO found the LOD ILD because of the statement from the trooper that said no sign of impairment! My State SSO found the LOD NLD-DOM because of the BAC of 0.24. AR 600-8-4 Chapter3-12 states The first time a NLD finding is being contemplated against a Soldier in an injury, illness, or disease case, at any level, the individual considering the finding (IO, appointing authority, or approving authority) will notify the Soldier in writing of the proposed NLD finding and provide a copy of any supporting documents before the approval authority makes the official NLD finding. (1) Once the initial notification has been made, the Soldier must be given ample time to rebut, normally 30 days, but the time period allowed is at the discretion of the individual providing the notification (IO, appointing authority, or approving authority).
This never happened until I got the approved LOD determination letter back from NGB. The last authority. That means 4 Authority’s looked at this LOD and made the same decision without ever notifying me! Now I am scrambling to get witness statements and what not to prove I was not impaired at the time of the accident. The Final authority memo references AR 600-8-4 Chapter 4-10 as supporting their determination. AR 600-8-4 chapter 4-10 states A Soldier who voluntarily becomes intoxicated is held to the same standards of conduct as one who is sober. While merely drinking alcohol is not misconduct, intoxication does not excuse misconduct. a. If an injury is incurred as the proximate cause of voluntary intoxication, it is incurred as the result of misconduct. For intoxication alone to be the basis for determining misconduct with respect to a related injury there must be a clear showing that the Soldier’s physical or mental faculties were impaired due to intoxication at the time of the injury, that the impairment was voluntary, and that the impairment was the proximate cause of the injury. b. Development of a disease (cirrhosis of liver) that may be a result of the use of alcohol or other legal drugs is not misconduct. It would be considered as "ILD."
Once again, the Sherriff deputy and the state police reports stated no signs of impairment!
I am looking for advice.
With all this said they will most likely start an MEB on me for these injuries which are permanent, and I also have a P3 permanent profile for PSTD. I can drop my DA 4187 request to retire and just start my leave 31 May 24 with a retirement date of 3`1 August 24 or try and fight this.
With this said on the PTSD AR 600-8-4 also states D-9 Rule 9
c. Mental and emotional disorders will be identified, evaluated, and documented pursuant to DHA or DoD policies and procedures. If DHA or DoD policies and procedures have not been prescribed, then MTF personnel must identify, evaluate, and document mental and emotional disorders. A Soldier may not be held responsible for his or her acts if, as the result of mental defect or disease, the Soldier was unable to comprehend the nature of such acts or to control his or her actions. Therefore, these disorders are considered "ILD" unless they existed before entering the Service and were not aggravated by military service. Personality disorders by their nature are considered as EPTS. (PTSD Permanent profile???)
I have almost 27 year service total and I at the end of my 20 year AGR career
Any suggestions? I am not getting any help or advice from my state just like they didn’t follow AR with the findings!
