Ed Mercanti
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  • Hey man, I was digging through some of the decade old stuff just now and am very impressed with the professional quality of your posts. I recently applied to the NDRB and was granted partial relief (OTH upgraded to General); however, the narrative reason remained misconduct. I petitioned in Feb of 2020 and received my decision last week.

    While this is an incredible accomplishment, I feel as if reapplying for further relief is warranted. Hopefully you wouldn't mind to weigh in?

    I served in USMC Infantry from 2008-2012 and deployed to Afghanistan twice. I sustained a TBI that is documented in my Admin Sep paperwork. I never received any negative counselings or page 11 entrys. I was discharged due to possession of spice. Nothing else or additional to that. Simple possession of spice. During the required screening (simple yes/no questionnaire performed by a Physician Assistant) for mitigating PTSD/TBI, I only answered yes to having headaches. At the time of my petition, I had been service connected by the VA for Combat PTSD at the 50% rate.

    My argument was that the discharge was inequitable because drug seeking behavior is a symptom of PTSD in the DSM-IV under the avoidance category. Additionally, the no answers were actually also evidence of my PTSD because they are also avoidant symptoms. This, in addition to the VA rating, is evidence that I did have a condition that mitigated the misconduct.

    The board gave their decision and stated that full relief is not warranted because they do not feel as if the severity of my symptoms completely mitigated the misconduct.

    During the time that I was waiting for their decision, I was reevaluated by the VA and my service connected issues now are:
    Combat PTSD 70%
    Traumatic Brain Injury 40%
    Migraine Headaches 50%
    Ulcerative Colitis Secondary to PTSD 30%
    Degenerative Lumbat Arthritis 20%
    Tinnitus 10%
    Left ear hearing loss 0%
    Bilateral Bunions 0%

    Considering all of the above do you think that I have a shot at making a compelling argument for full relief? I would think that this qualifies as new evidence that hasn't been previously considered.

    I also found that the USMC updated their Admin Sep order to state that those being discharged while having PTSD/TBI are supposed to have a mental health evaluation done by a qualifying provider. I obviously did not have this done. Would this stand to offer any sort of credible argument for upgrade? Perhaps an actual Psychiatrist might have been able to spot the signs of PTSD in me better than a PA who asked a short yes/no questionnaire.

    Thank you for your time.
    Sir I was Honorably discharged from the Army in 1981 (separation for unsuitability) never got my MOS but currently 100% VA disabled as a result of my time in service. The rating was as a result of personal trauma. Can I have my discharge changed to permanent medical retirement? Thank you
    Ed Mercanti
    Ed Mercanti
    If you can show you were medically disqualified for retention and were unfit for dury, yes. But if you were still in training you were probably under procurement standards, not retention standards so it would be a hard sell
    I have a case before the ABCMR,I received my letter from them May 2016 stating they have received my claim and was given a docket number.It is now at the 15 month mark.I sent email and received automated responses.I've called the number and received the automated recording with no option to speak to a live person.Im just trying to make sure my case hasn't been lost in the system.Any guidance Would be appreciated.TIA
    Hi members, does anyone have an example of an MEB, preferably for cardiac events and or sleep apnea? I was referred out to a civilian doctor for all of my procedures and the civilian doctor has agreed to write the NARSUM and give it to my active duty PCM.
    Are soldiers with stress fractures in their knees sometimes sent home with an Entry Level Discharge instead of a Medical Discharge?
    Mr. Mercanti,
    If PEB uses presumption, is it possible to get a "correction of records" since the MEB should have started one year after being permament. It was 2 1/2- 3 years before initiated.
    Any recommendations or thoughts are appreciated.
    Reservist on active duty - 34 yrs/ 14 active)
    Ed Mercanti
    Ed Mercanti
    Anything CAN be corrected by a BCMR/BCNR except overturning court-martial convictions (the boards can change the sentence though). The fact that there was a delay in the initiation of an MEB would not be sufficient grounds to overturn whatever happened to you. Could you give me some details?
    Mr Mercanti,
    If you have time please look at my single thread from my profile. presumtion info starts about halfway down page. Thank you
    Ed Mercanti
    Ed Mercanti
    I really don't feel like reading the whole thread. What exactly is it your asking me?
    Hello Mr. Mercanti, I found your name on a post as I was searching this site for some help. In 2009 I was medically discharged from the AF. Is there any guidance you can provide me when it comes to completing the DD149? Mainly how to format any letters that I need to send. Thank you in advance for any assistance you can provide me.
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