AF - MEB Denied Admin Discharge

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summerghost

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Registered Member
My husband has chronic disease and has been suffering for about a year now. PCM told him that he’ll recommend MEB from the beginning when they found out about this chronic pain, but during the period while my husband was finishing up his physical examinations for MEB, his command gave him an admin discharge for something that usually should just be a warning or don’t do that again kind of stuff.

When the MEB finally went in, he didn’t get any update for a month. So he went to check up at the MEB office and was told that legal stopped his MEB since he has Admin Discharge, and his command should have known about this. But the thing is, he hasn’t even got any notice for admin discharge either.

We’re kind of stuck where we don’t know what to do. Please advise.
 
Was the warning for pot? Nobody knows you here so don’t be shy to say why. People on here may be able to help you better if they can understand why the admin discharge is being talked about
 
summerghost said:
Thank you, long story.

It started off with his leadership denying what they said over the phone call, which was “go to the ER or call PCM about your pain to have a day off.” so he called his pcm and was waiting for the answer, but his leadership ended up accusing him for disobeying the orders which they said they just told him to go to the ER or show up for duty. For this, he got his first article 15, and got a stripe taken away.

Few months later, one of his leaders asked him how he was during the weekend and he said he was still having pain and wasn’t good. Which is true but not entirely since I forced him to come hang out with my friends and I. and someone from his office saw us there and took a video of him carrying my stuff and enjoying which made his statement a lie. So whoever took this video decided to give it to the commander and they even passed it onto the PCM stating my husband is lying about his condition. This just made the relationship between him and the office worse.

Then while he was held in the mental health hospital for his depression getting out of control, his commander told him to get the COVID vaccine by this date since he wasn’t finished with his second shot. We obviously passed that info down to the nurses who was taking care for him at the ward, but they couldn’t make him leave the ward till a day later the date commander requested. Then he got his second article 15 with admin discharge for not following the orders again. He tried appealing both cases with legal but both case got denied.
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Is he still in, is the discharge finalized? Sucks that someone would record him and send the video in. Usually with the military if you don’t make your situation seem as serious as it is people will call you a liar. Just make sure he continues to advocate for himself because essentially if he gets a discharge under other than honorable, he cannot get compensated with the VA but if it’s not dishonorable he will still be able to file a claim (maybe even before he gets out at his SHIP exam). But always try to be truthful, because if you tell your leadership you didn’t feel good enough to leave the house and get caught out-and-about, that is bad…
 
theallseeingeye said:
Is he still in, is the discharge finalized? Sucks that someone would record him and send the video in. Usually with the military if you don’t make your situation seem as serious as it is people will call you a liar. Just make sure he continues to advocate for himself because essentially if he gets a discharge under other than honorable, he cannot get compensated with the VA but if it’s not dishonorable he will still be able to file a claim (maybe even before he gets out at his SHIP exam). But always try to be truthful, because if you tell your leadership you didn’t feel good enough to leave the house and get caught out-and-about, that is bad…
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Also I think we’ve all dealt with the “call your PCM or go to the ER” situation. What I was told by my leadership is that the ER isn’t allowed to give a military member sick leave. You can always get a sick note from the ER but you will have to show it to your doctor to get sick leave. You can’t even call the nurse advice line to get sick leave. So when he was waiting for his PCM to give him quarters, he probably was expected to go to work while he waited (sucks…but it’s what leadership expects) or go to the hospital. I do think an article 15 is a little harsh, because I’ve done this before and only got verbally counseled, I actually did it a few times but I always vouched for myself so I never got in serious trouble.
 
Talk to your service provided defense counsel. Also your serve provided MEB counsel. I do not recommend specifics be aired out on this board.
 
summerghost said:
Thank you, long story.

It started off with his leadership denying what they said over the phone call, which was “go to the ER or call PCM about your pain to have a day off.” so he called his pcm and was waiting for the answer, but his leadership ended up accusing him for disobeying the orders which they said they just told him to go to the ER or show up for duty. For this, he got his first article 15, and got a stripe taken away.

Few months later, one of his leaders asked him how he was during the weekend and he said he was still having pain and wasn’t good. Which is true but not entirely since I forced him to come hang out with my friends and I. and someone from his office saw us there and took a video of him carrying my stuff and enjoying which made his statement a lie. So whoever took this video decided to give it to the commander and they even passed it onto the PCM stating my husband is lying about his condition. This just made the relationship between him and the office worse.

Then while he was held in the mental health hospital for his depression getting out of control, his commander told him to get the COVID vaccine by this date since he wasn’t finished with his second shot. We obviously passed that info down to the nurses who was taking care for him at the ward, but they couldn’t make him leave the ward till a day later the date commander requested. Then he got his second article 15 with admin discharge for not following the orders again. He tried appealing both cases with legal but both case got denied.
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I’m really sorry that this is going on. It sounds like a lot. I would definitely recommend recording phone calls and utilizing email so you have a date and time stamp. Keep everything in order.

I hope the best for you and I hope legal can give you some more specific answers and be a good advocate.
 
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