Admin Discharge vs MEB USMC, please help

davidessex20102013

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Hi my name is david, im active duty in the Marine Corps, recently i deployed and ha to undergo emergency spine surgery. Anyway from all this i have been diagnosed with , anxiety, depression, sleeping disturbances, spinal DDD opon more. I have a PEBLO and I am on a medical board. Today i was formaly shown a Admin. Distcharge for Pattern of Misconduct for a DUI in May of 2015 , and due to my sleeping problems i have been late and had several counselings and 2 6105's , command wants to admin sep me with a general discharge. SNCO's /OIC stated the command will not put my med sep paperwork and they will just amin sep me asap. Can they do that ? Please help im lost and going through a lot.
 

Jason Perry

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It is possible that your misconduct related ADSEP would take precedence over the MEB/PEB. So, you should look at fighting the ADSEP as a starting point.

What is your grade and how many years of service do you have (this matters for determining if you are entitled to a separation board)?

Did your misconduct regarding the DUI precede or come after the mental health diagnosis? Do you have any combat-related stressors that may also form a basis for a PTSD diagnosis?
 

h2ozombie

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Please read this is Memo. I also attached it.


MEMORANDUM FOR CHIEF OF NAVAL PERSONNEL

June 1, 2016

DEPUTY COMMANDANT OF THE MARINE CORPS,

MANPOWER AND RESERVE AFFAIRS

SURGEON GENERAL OF THE NA VY

DIRECTOR, SECRETARY OF THE NA VY COUNCIL OF

REVIEW BOARDS

SUBJECT: Disability Evaluation System Dual Processing

Reference: (a) SECNAVINST 1920.6 (Series)

(b) SECNAVINST 1850.4 (Series)

( c) MILPERSMAN 1910-702 (Series)

(d) MCO 1900.16, Section 6110 (Series)

The purpose of this memorandum is to standardize Department of the Navy

(DON) policy concerning administrative separations (ADSEP) when the Service Member

has a medical condition that may have been a contributing factor to one or more of the

basis supporting the ADSEP. Historically, the medical conditions that contributed to a

basis for ADSEP have been predominantly mental health conditions, including PostTraumatic

Stress Disorder (PTSD) or Traumatic Brain Injury (TBI). However, other

ratable conditions, as determined by the Veterans Affairs Schedule for Rating Disabilities

(VASRD), have the ability to significantly contribute to the authorized basis for ADSEP.

This memorandum sets forth policy to standardize the process for these cases, including

the appropriate Separation Authority (SA).

Effective immediately, members being processed for any type of involuntary

ADSEP who have a ratable condition may be referred into the Disability Evaluation

System (DES). If the local SA believes the member should not enter the DES because

they are being involuntarily administratively processed under provisions that authorize a

characterization of service of other than honorable conditions, the case must be referred

to the first General Officer/Flag Officer (GO/FO) in the chain of command for final

determination. Once referred into the DES, these members will continue to be processed

in the DES unless the GO/FO noted above disapproves such continuation.

The SA for these dual processing cases shall be the first GO/FO in the Service

Member's chain of command unless a higher authority is required per references (a)

through ( d), or other regulation. The SA for officers remains unchanged. The SA may

direct separation prior to completion of the DES process if the SA determines and

documents, in writing, that the member should be separated for the misconduct despite

his/her medical condition.

SUBJECT: Disability Evaluation System Dual Processing

For PTSD, TBI or other mental health conditions, an appropriately privileged military

health care provider will be consulted for a medical opinion as to whether the medical

condition that caused the referral into the DES contributed to a basis for which the

member is being separated.

My point of contact for this matter is Mr. Mike Bridges who may be reached at

(703) 571-9095 or [email protected].

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