I am posting on behalf of my family and on behalf of my husband. My husband is a Third Class Petty Officer in the United States Navy, he has had an impeccable career and has the EVALS to prove it . I have been a silent follower of this forum for over a year. First, thank you for all who post on this site, your handy references to military instruction has been of great help on winning battle after battle.
My husband has fought and beat over five ADSEP attempts in the last five years. Three of those attempts were made this past year, with the last attempt coming to light today. At first, the ADSEP's were merely "needs of the Navy" and then progressed to "personality disorder". He, with the help of instruction, sheer determination, and a Congressman, beat those and everything was dropped. To our dismay, his command then started throwing a fit because of his legal appointments and for speaking to a Congressman. Apparently, his Master Chief felt that there was too many "eyes" on his situation. This interaction with his Master Chief resulted a shouting match and later turned into an NJP.
Before I get too ahead of myself, let me give you a bit of background information. My apology in advance for the length of this post, it could easily become a novel. My husband was injured over three years ago, while serving aboard a Naval carrier. It took him over a year to finally receive his shoulder surgery. He was placed on convalescent leave for 21 days and then ordered to return to the ship. He then had a shipmate fall down a ladder well on top of his shoulder, and re-injured his left shoulder and injured his right. Fast forward two months and he his transferred to A-school (PTS approved to change rates) and was doing well babying his shoulders---but then the PT started and he could not do pushups. He went to medical and was told his shoulder pain was merely stress related. In horror, I was watching someone I love physically fall apart. Long story short, he was denied medical treatment, slandered by a Navy doctor he saw once (this same DR also gave my husband's medical record to another DR without permission and was caught red handed by LEGAL), filed a Congressional, finally received two more shoulder surgeries, and then the chronic pain started. I, foolishly, thought after the shoulder surgeries, I would have my husband back. This was not the case. In the following months, he was FINALLY diagnosed with Fibromyalgia, Depression, and Anxiety (not ruling out PTSD)... He was then recommended for a PEB, skipping the MEB process entirely, due to the nature of his shoulder injuries. Oh, I forgot to mention he has over ten anchors holding his shoulder together now... But the shoulder pain was all in his head, remember?
Now, back to the legal mumbo jumbo... The day J (my husband) was served with NJP (due to allegedly yelling at his Master Chief), he was on convalescent leave for 30 days due to his final shoulder surgery. He was something like 14 days out from having surgery, heavily medicated, and ordered into work. His case manager had forgotten to fax in his leave paperwork, and the command thought he should be back...Initially, they thought 14 days was enough leave after surgery, but it turned out his shoulder was completely shredded and he needed the full 30. By the time we arrived at the command, the paperwork was already faxed in and they knew he was to be on leave longer. He was then ordered to LEGAL, I drove him and we were escorted by two Sailors from his command. Again, J was heavily medicated and in no shape to be doing any sort of business. Unfortunately, the legal office served him with a NJP. He, myself, and our ten month old baby girl, were basically trapped in a small office and J was told he could not leave until he signed the paperwork. He told the legal people that he was medicated and on leave. He refused to sign any paperwork. He was then yelled at by a MA1, who's only function was to act as Sentry, MA1 entered the small room and got into J's face, screaming that he would be held there all day until he signed... Enter a LCDR, who giggled when told J told her of his incapacity and his anxiety disorder, she allowed MA1 to continue his verbal attack too. That is until, I spoke up and ask her to order MA1 from the room because J was getting loud as well, and was at this point yelling back at MA1. I had to remind her that the whole damn charade reeked of unprofessional-ism and I had a baby in the room. She ordered MA1 from the room, he then had the audacity to stand in the doorway making rude gestures and still calling J out. I had to again intervene and ask that the MA1 leave. At this point, J is still being told to sign the paperwork and ordered to be read his rights. I finally told the LCDR that he was heavily medicated and in no shape to take on a legal issue. J was told he could leave, but guess who was waiting outside? Security. So, my one armed Sailor was escorted out of the building and detained. I had to pick him up from the Security office, and no charges were pressed.
We immediately contacted the Congressman's military liaison, who had helped out before. An in house investigation was done, J was put on temporary orders to a different command. For the last four months we had peace. The NJP was dropped and life was good again. J was literally one week out from submitting his PEB package and then all hell broke loose again. This time he isn't being served an NJP, he was once again served ADSEP paperwork. The reason this time? Misconduct, ART 89..."Disrespecting a superior officer". The officer in question? The LCDR who initially attempted to serve the NJP. I was there, folks. He never yelled at her. He did yell at the MA1, but not before the guy was spitting in his face and basically holding him hostage. We talked to his lawyer who then told us that during the initial in house investigation, the investigator refused to pick up J's evidence and talk to J's witnesses, who are high ranking officers based here as well. The CO here, has heard one side of the story. We have strong evidence against everything and it will never be heard. Why? Because J is 5 months away from serving six years and not eligible for an ADSEP board.
I guess I really do not have any questions, I really just wanted to vent and tell our story. Believe it or not, the story is really much longer and this is the condensed version. Haha... J has earned a Good Conduct medal and was on the Honor Guard, his EVALS are all outstanding. He is a good Sailor, he just got injured and then got sick. The Navy here decided to play dirty. Every time he won the battle they went back to the drawing board. All he ever wanted was to get better. Then he found out it probably wasn't going to happen, and he wanted his deserved benefits. I'm really not sure if that's going to happen now...
Thanks for your time.
My husband has fought and beat over five ADSEP attempts in the last five years. Three of those attempts were made this past year, with the last attempt coming to light today. At first, the ADSEP's were merely "needs of the Navy" and then progressed to "personality disorder". He, with the help of instruction, sheer determination, and a Congressman, beat those and everything was dropped. To our dismay, his command then started throwing a fit because of his legal appointments and for speaking to a Congressman. Apparently, his Master Chief felt that there was too many "eyes" on his situation. This interaction with his Master Chief resulted a shouting match and later turned into an NJP.
Before I get too ahead of myself, let me give you a bit of background information. My apology in advance for the length of this post, it could easily become a novel. My husband was injured over three years ago, while serving aboard a Naval carrier. It took him over a year to finally receive his shoulder surgery. He was placed on convalescent leave for 21 days and then ordered to return to the ship. He then had a shipmate fall down a ladder well on top of his shoulder, and re-injured his left shoulder and injured his right. Fast forward two months and he his transferred to A-school (PTS approved to change rates) and was doing well babying his shoulders---but then the PT started and he could not do pushups. He went to medical and was told his shoulder pain was merely stress related. In horror, I was watching someone I love physically fall apart. Long story short, he was denied medical treatment, slandered by a Navy doctor he saw once (this same DR also gave my husband's medical record to another DR without permission and was caught red handed by LEGAL), filed a Congressional, finally received two more shoulder surgeries, and then the chronic pain started. I, foolishly, thought after the shoulder surgeries, I would have my husband back. This was not the case. In the following months, he was FINALLY diagnosed with Fibromyalgia, Depression, and Anxiety (not ruling out PTSD)... He was then recommended for a PEB, skipping the MEB process entirely, due to the nature of his shoulder injuries. Oh, I forgot to mention he has over ten anchors holding his shoulder together now... But the shoulder pain was all in his head, remember?
Now, back to the legal mumbo jumbo... The day J (my husband) was served with NJP (due to allegedly yelling at his Master Chief), he was on convalescent leave for 30 days due to his final shoulder surgery. He was something like 14 days out from having surgery, heavily medicated, and ordered into work. His case manager had forgotten to fax in his leave paperwork, and the command thought he should be back...Initially, they thought 14 days was enough leave after surgery, but it turned out his shoulder was completely shredded and he needed the full 30. By the time we arrived at the command, the paperwork was already faxed in and they knew he was to be on leave longer. He was then ordered to LEGAL, I drove him and we were escorted by two Sailors from his command. Again, J was heavily medicated and in no shape to be doing any sort of business. Unfortunately, the legal office served him with a NJP. He, myself, and our ten month old baby girl, were basically trapped in a small office and J was told he could not leave until he signed the paperwork. He told the legal people that he was medicated and on leave. He refused to sign any paperwork. He was then yelled at by a MA1, who's only function was to act as Sentry, MA1 entered the small room and got into J's face, screaming that he would be held there all day until he signed... Enter a LCDR, who giggled when told J told her of his incapacity and his anxiety disorder, she allowed MA1 to continue his verbal attack too. That is until, I spoke up and ask her to order MA1 from the room because J was getting loud as well, and was at this point yelling back at MA1. I had to remind her that the whole damn charade reeked of unprofessional-ism and I had a baby in the room. She ordered MA1 from the room, he then had the audacity to stand in the doorway making rude gestures and still calling J out. I had to again intervene and ask that the MA1 leave. At this point, J is still being told to sign the paperwork and ordered to be read his rights. I finally told the LCDR that he was heavily medicated and in no shape to take on a legal issue. J was told he could leave, but guess who was waiting outside? Security. So, my one armed Sailor was escorted out of the building and detained. I had to pick him up from the Security office, and no charges were pressed.
We immediately contacted the Congressman's military liaison, who had helped out before. An in house investigation was done, J was put on temporary orders to a different command. For the last four months we had peace. The NJP was dropped and life was good again. J was literally one week out from submitting his PEB package and then all hell broke loose again. This time he isn't being served an NJP, he was once again served ADSEP paperwork. The reason this time? Misconduct, ART 89..."Disrespecting a superior officer". The officer in question? The LCDR who initially attempted to serve the NJP. I was there, folks. He never yelled at her. He did yell at the MA1, but not before the guy was spitting in his face and basically holding him hostage. We talked to his lawyer who then told us that during the initial in house investigation, the investigator refused to pick up J's evidence and talk to J's witnesses, who are high ranking officers based here as well. The CO here, has heard one side of the story. We have strong evidence against everything and it will never be heard. Why? Because J is 5 months away from serving six years and not eligible for an ADSEP board.
I guess I really do not have any questions, I really just wanted to vent and tell our story. Believe it or not, the story is really much longer and this is the condensed version. Haha... J has earned a Good Conduct medal and was on the Honor Guard, his EVALS are all outstanding. He is a good Sailor, he just got injured and then got sick. The Navy here decided to play dirty. Every time he won the battle they went back to the drawing board. All he ever wanted was to get better. Then he found out it probably wasn't going to happen, and he wanted his deserved benefits. I'm really not sure if that's going to happen now...
Thanks for your time.
Unfortunately I've known to people who went through similar situations Army. It doesn't seem to matter how exemplary you were, when you are injured you are a POS. If you stay injured you are an even bigger POS. It shouldn't be that way. I've seen some pretty serious harassment and mistreatment of people who just want to be better, or move with their lives, but your hubby's case takes the cake. I don't know what else to tell you other than I'm so sorry to hear that and I sure hope you all are able to get some peace soon. Hang in there.
Let us know how PEB goes. Good luck.