TJ Williams

TDRL ADVICE

on March 5th, 2010 at 07:55 AM (783 Views)

I was placed on TDRL in 2004, with discharge orders, and paper work signed by the Secretary of the Army. My command decided to court martial me, to keep me from testify in a patient care incident. The charges were false, the court martial ruled in my favor and I was discharged in 2006. My TDRL status is up for review, I have not had a physical since my discharge. Washington has paper work stating that I was discharged in 2004. I have a differnt MEB stating that I was discharged in 2006. If the MEB is reviewed based on their documentation, I will lose my benefits. Neither Board adknowledges my actual disability.
I am rated 100% disabled by the VA. If my command heald me, without following the proper procedure to stop a MED Board process, tried to court martial me, and then have two MEB that do not address my actual disability. How do I fight this legally, to get my disability rating and my medical records to reflect my actual disability?

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Jason - March 5th, 2010 09:15 AM

TJ,

Would need some clarification to tell you which direction to go in.

I am unclear if you are in receipt of TDRL pay? If so, from which date? Has your pay stopped? Have you had any contact whatsoever from the Army on your disability status? If so, what did they say?

Please note that Blogs are, unfortunately, more difficult to follow than posts. If you reply and don't get an answer, please PM me or leave a visitor message on my profile page.
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dubber25 - March 5th, 2010 03:38 PM

I was gonna reply but you got "The Man" first.
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TJ Williams - March 6th, 2010 07:29 PM

Hello Jason
Thank you for the response. To answer your questions, no I do not receive TDRL Pay. I receive disability pay from the VA, and No for five years I was never contacted by the Army. I contacted the MED Board office because my ID Card is going to expire in July 2010. The paper work they received from DC states that I was discharged in 2004. This is not true. I should have been discharged, but I wasn't, and I would not be permanently disabled if my command had released me. Any way I was discarged in 2006 with a different MEB. The individuals who work in the PEBLO Office are concerned that I have a different MEB then what they presently have. I am upset, because neither MEB addresses my actual disabilities, and I suffered for four years having to fight just to get medical care, before I was released.

I am aware of the regulation, and a formal request should be made to the Secretary of the Army if a soldier is not being discharged as ordered. Also I should have been notified by certified mail of any decisions made after the final determination of the MEB Process. I received nothing, but a call from the PEBLO Counselor, saying that my medical board was terminated, and I received two counseling statements from my command ordering me to cancel all of my outprocessing appointments, and to not continue outprocessing, because you are going to be court martialed. I was not officially charged with a charge until 6 months later, and I was charged with disobeying a order, because I went to the Emergency room. If I had been found guilty, they were trying to send me to Levenworth for either 1 to 2years.
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VAJumper - March 11th, 2010 09:51 PM

This is a bit confusing. Are you saying you had an MEB and you were found unfit with a 0% TDRL rating from the IPEB and that's why you are not being paid? You say you were discharged in 2004 under TDRL, then they brought you back to on active duty to court-martial you, and you got a new MEB and another TDRL and was again discharged with a 0% rating? You then later say, they cancelled your 2004 Medical Evaluation Board? This means it was never completed or went to the IPEB and you wouldn't have been on TDRL. You then say you were discharged in 2006 after another MEB? What was your rating from the IPEB/PEB? There's too many pieces missing in this puzzle. An MEB doesn't discharge you. That would be done after the IPEB or PEB. You are also saying you are on TDRL and have never had an 18 month follow up exam? For that, they would normally terminate your TDRL and ID card/benefits. Perhaps your not on TDRL after all, and were simply discharged and entered the VA process. If that is the case, you would be going for a VA exam, and not a TDRL exam.
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