Chapter While MEBing?

Discussion in 'Army Warrior Transition Units' started by SSG_WTU, Mar 3, 2009.

  1. SSG_WTU

    SSG_WTU New Member

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    I am a Cadre at an WTU and trying to research a current issue that we are having.....
    We have a Reserve Warrior with 22 years in the Army. He recently received a DUI and the Company Commander is pushing for a Chapter on him. He is currently in the MEB process and his NCM is trying to push his paperwork through as fast as possible in order to go ahead and get him out of here so he can still receive his benefits and what not. Can he be chaptered out without receiving a full MEB? Can they stop the MEB process to chapter him out? He is a good Warrior that made a bad mistake but he has 22 years of good service in. Any help would be grea.
     
  2. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    SSG_WTU,

    Welcome! I appreciate the good leadership you are showing by getting educated on this subject.

    Can you provide some more information? Was he given an Article 15 or convicted at court-martial or by civilian authorities for this DUI? If he was court-martialed, what was the sentence? Does he have previous misconduct (convictions, NJP, or letters of reprimand)? Do you know if the Commander is basing this on pattern of misconduct or commission of a serious offense? Was there any personal injury involved in the DUI? Does the Soldier suffer from PTSD or other mental disorders (including TBI)?
     
  3. SSG_WTU

    SSG_WTU New Member

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    Jason,
    Thanks for the welcome. This is a great forum and I have it saved as a favorite here at work. This will really come in handy when dealing with Warriors!
    Okay the said Soldier was charged on the civillian side with a DUI/Suspended License/Open Container/ and Speeding. Soldier paid fine of $2,884 to bond out of jail. Soldier was in jail for 19 Days. Soldier has served in the Gulf War and is currently 20% disabled due to his back, which he did hurt in the Gulf War. He is a SSG with 8 years Active Duty, 5 years AGR, and the rest of his time is Reserve TPU. Warrior also has 3 honarable discharges to his credit. Right now Warrior is mobilized on active duty Reserve and had surgery on his neck to repair 2 discs. Warrior is currently going through a MEB Board. The Commander told Warrior he was going to recomend that he be chaptered out of the military. Warrior has 22 good years and is not eligiable to retire from the reserves. Warrior was diagnosied with PTSD in 2003 from the VA in Battle Creek, Michigan. Warrior has no Article 15's but does have a LOR for a Reckless driving in 2008. The Commander is basing this Chapter on the fact that this Warrior used to be a Cadre here at the WTU but due to all that was going on with that case he was removed from Cadre duty and made a Warrior. Just looking for some options on where this Warrior stands and if anything can be done to possibly help him out.
     
  4. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    First off, this Soldier needs competent legal representation. I can't provide legal advice on the forum, but I can point out the rules governing separations.

    Per AR 635-200,

    "1–33. Disposition through medical channels
    a. Except in separation actions under chapter 10 and as provided in para 1–34b, disposition through medical channels takes precedence over administrative separation processing.
    b. When the medical treatment facility (MTF) commander or attending medical officer determines that a soldier being processed for administrative separation under chapters 7 (see sec IV), 14, or 15, does not meet the medical
    fitness standards for retention (see AR 40–501, chap 3), he/she will refer the soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB.
    (1) If the MEB findings indicate that referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635–40, the MTF commander will furnish copies of the approved MEB proceedings to the soldier’s GCMCA and unit commander. The GCMCA may direct, in writing, that the soldier be processed through the physical disability system when action under the UCMJ has not been initiated, and one of the following has been determined:
    (a) The soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.
    (b) Other circumstances of the individual case warrant disability processing instead of further processing for administrative separation.
    (2) The authority of the GCMCA to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.
    (3) The GCMCA’s signed decision to process a soldier through the physical disability system will be transmitted to the MTF commander as authority for referral of the case to a PEB.
    (a) Copies of the GCMCA’s decision will be furnished to the unit commander and included in the administrative separation proceedings.
    (b) The unit commander will suspend processing of the administrative separation action pending the PEB.
    1. If the soldier is found physically fit, the administrative separation action will be resumed.
    2. If the soldier is found physically unfit, the administrative separation action will be abated.
    c. Disability processing is inappropriate if the conditions in b(1)(a) and (b) do not apply, if UCMJ action has been initiated, or if the soldier has been medically diagnosed as drug dependent. (See para 14–12c.) Accordingly, disability processing is inappropriate in separation actions under chapter 10."

    This is not a perfect solution. The GCMCA can still separate after making a determination that the Soldier's condition was not "the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination." I am currently representing a Soldier at the ABCMR where the GCMCA did not even address this issue, so there is always the risk that they will not process his case correctly.

    Nonetheless, if his PTSD contributed to the DUI, this may be an avenue for getting his case disposed of through medical channels.

    You said he is on bail. I assume this means he has not been convicted. Since separation for commission of a serious offense is a possible reason for separation if convicted, it is better if his civilian case is put off until after his (hopeful) disposition through medical channels.

    I would also check on local withholding policies on dealing with misconduct by Senior NCO's (I am assuming he is an E-6 or above, which is the usual withholding threshold).

    He has a lot of risk if they process him incorrectly and/or separate him. It is unfathomable to me that he should be separated at this point in his career for a first time DUI without personal injury involved. But I can't stress how important it is that he get the assistance of a good attorney. An assessment of the facts of his case is very important to navigating this process and it is not appropriate for me to provide legal advice on this forum. He needs to have the help of someone who has thoroughly reviewed his case and can provide him advice and assistance in fighting this.

    I hope it works out well for him and if he wants to contact me, he can contact me via Private message or e-mail from my profile page. I would be glad to discuss any question he has.
     
  5. SSG_WTU

    SSG_WTU New Member

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    Jason, thank you much for the info. This gives me a buidling block of where to start with atleast trying to offer this Warrior a little assistance. I will give him your contact info so that if he or his Lawyer has any questions. Again, THANKS!!!!!!!!
     
  6. robs42

    robs42 Moderator

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    ssg_wtu,

    welcome! we need more people like you.
     
  7. echoing

    echoing New Member

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    I am in a similar situation with a chapter for family care plan. I am in Michigan serving AGR tour. I am looking for a recommendation for MEB/PEB attorney, as I am about to enter that process. Thanks.
     
  8. jkapp83FBCH

    jkapp83FBCH PEB Forum Regular Member

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    Also pending peb, awaiting va rating/ 199. I got a Charged with DWI this weekend and am wondering how this could affect by med board. Meb for PTSD, secondary TBI.
    Thanks in advance.
    I have hired a lawyer.
     
  9. gsfowler

    gsfowler Staff Member PEB Forum Veteran

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    I recommend you remove your name from your signature, delete your post. Make a new screen name. PM sent.
     

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