BCNR petition/research

I have been studying the board for several months. Learning the ins and outs of the system. I have read hundreds of cases in the reading rooms and im a little nervous. 90% are denials for insufficient evidence. Has anyone had any luck at the BCNR?

Bj0480 said:

I have been studying the board for several months. Learning the ins and outs of the system. I have read hundreds of cases in the reading rooms and im a little nervous. 90% are denials for insufficient evidence. Has anyone had any luck at the BCNR?

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what kind of case are you trying to bring to the board?
I may have some good insight.

I started one pro per to get my honorable changed to a a medical discharge with benefits. Multiple denials. Now it is in court which only proved that the court will not act as a third party arbitrator interested in delivering justice to a service member, a human being, a citizen of the United States, who request benefits for a medical condition caused by military service. Simply you see the court will not challenge or reversed, a military decision, even if the military says itself that you experienced a "injustice", which is exactly the thing they are made to correct.

Here is a statement from the board in my case. The court did not ever even pick up on this when they reviewed my Board Decisions.

I am to the point that I believe that the court or the board is using AI to write its briefs. They process thousands of request, and have to find a way to deny almost all of them.

There is no way a human would state such double speak and miss the idea that the military is supposed to protect those who are injured in what ever way, in honorable service.

--------------------

Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting


mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical


retirement as a result of your conditions, because your conditions never warranted referral to the


DES much less rendered you unfit for continued service. The Board also found no equitable


basis for relief in your case. In determining what constitutes equity, the Board is obligated to


consider not only what you should receive, but also what other similarly situated service


members are entitled to receive. The Board determined that no other similarly situated service


member would have been referred to the DES at the time even with the facts as they are now


known, nor would anyone be retroactively medically retired based upon similar facts.


Accordingly, the Board determined that there is no basis for relief based on equity. The Board


continues to regret the experience that you endured during your service onboard the U.S.S.


SIDES and the long-term effect that it has had upon your mental health. Finally, the Board members


recognized that you continued to serve the Navy honorably despite the trauma that you endured


onboard the U.S.S. SIDES. That, however, is the point. Medical retirements are intended only


for those service member unable to continue providing such honorable and effective service due


to a disqualifying medical condition. The Board regrettably found no basis to grant you the


medical retirement that you were never qualified to receive.

I have a petition for errors and injustice on my record. I had two njps which gave me a pattern of misconduct. I was a frocked e5 in May 2004 when I was written up for UA. I didn't even know I went us. Anyways my command waited till June when we deployed to tell me I had a DRB. I still have the report chit from my separation paperwork unsigned by me. Anyways they didn't contact anyone from my shop to write a statement because I was at work every day, they got two guys on dtachment in another state to say I was ua. Fast forward I was on the boat siq for a foot infection. After chow I went from the galley to my birthing on the way grabbed a book from the library which was in-between the two spaces. My lpo saw me. He wrote me up for disobedience of a lawful order. He saw me because he sent a guy to my rack to have me come to the shop earlier. I got mad ptsd from the false accusations and 100% from the va. Im fighting for Correction and referral to des for medical retirement. My packet is in front of the medical AO now.