Outstanding news. Happy for you.
AFBCMR changed discharge to "secretarial authority"?
- Thread starter PBnJ
- Start date
5 years and 3 cases through the AFBCMR and it happened. You were absolutely correct. It just took time and patience. I don't even know if you'll see this. But thank you for your support.
I just got the JFF code as well. I still don’t know what “secretarial authority” means if you’re trying to re-enlist.
Hello,
Re: "Secretarial Authority"
Check this reference:
"Effective 20 September 2011, Service DRBs [Defense Review Boards] should normally grant requests to change the narrative reason for a discharge (the change should be to “Secretarial Authority” (Separation program designator code (SPD) code JFF)), requests to recharacterze the discharge to honorable and/or requests to change the reentry code to an immediately-eligible-to-reenter category (the new RE should be RE 1J) when both of ..." --->LINK
There is likely more info elsewhere regarding the RE category. The reference is from 2011.
Ron
So I can at least safely say it’s a lot better than that JFV thing I had before?
That is my interpretation; however, I had never heard of the term until yesterday. It is clearly a better outcome.
It appears that "Secretarial Authority" is a "for the convenience of the government" characterization and is not punitive.
Ron
Do you feel that the JFF code fits your situation? Just asking, because that was how they handled my first case. I kept at it though, because it didn't fit for me, and I ended up getting it upgraded to a medical retirement. I'm hearing that JFF is mostly what they are upgrading people with who got caught up in don't ask, don't tell bad paper discharges. It's a non punative discharge. It shouldn't cause any problem for someone trying to re-enlist.
I dunno, all I hear from my lawyer is that it’s a good code for re-enlistment. It’s not bad but it’s not really good either. The only people I know that have this were those who were dishonorably discharged back in the day for homosexuality. Then the military changed that to not kick people out for that and those who were during that time were automatically given honorable discharges with a JFF. I never had any dishonorable discharge or any misconduct. My separation was medical.
If you had to leave due to a medical issue, then at the least you should have been medically discharged. In that case, JFF isn't really right. Although technically, if you are attempting to reenlist a medical might make that more difficult. Have you been through the VA claims system?
I tried the va. I got denied because of lackluster time in service. The last time I went to them was to get a letter stating that I’m not receiving any benefits from them. So the doctors at meps can read that and no I’m not receiving anything from them. My recruiter told me if you have 30% or more disability rating you cannot re-enlist. I don’t know how accurate that is but I’m just going of what he’s told me.
I’m just hoping a JFF isn’t bad. My re-3g is “condition, not a disability”. I still don’t even know exactly what it means.
I also hear quotas can affect waiver chances as well. Last I checked the army has the hardest time with that. They’re not exactly having a gay ole time with quotas during this virus. I hear they’re hurting heavily more than usual for troops.
This doesn't quite make sense. If you get injured your very first day at boot and get medically discharged because of that injury, VA claims covers that injury. You are covered from day 1.
A JFF isn't going to stop you from reenlisting. The 3G is the bigger problem. It should be a waiverable condition though, and the army is hurting for recruits. Whatever happened, your recruiter would have the best info.
PBnJ got good news. After a long process, they moved forward. I think this post on the board should serve as a reminder to the rest of us who are combat vets or otherwise and who were labeled with "personality disorder", "adjustment disorder", "paranoid", etc. rather than being treated medically, and in some cases, to the extremes to cover-up injuries and ultimately getting those off the hook with quick admin discharge ASAP. Completely illegal, non-formal diagnosis (not done by a licensed mental health care professional) for a personality disorder and discharge you for a condition not a disability. In some cases, doing it incognito and altering medical records.
All of those things happened in my case. And would you believe my luck, the only reason I was able to prove my case was because whoever was altering and destroying my records missed the ones where an admin misspelled my last name. I like to believe that person did it on purpose. There were some who had my back. I remember them to this day. And I hope karma has repayed them somehow. We join up in the service with the belief that we've got each other's back. It's how we do the job that we get into. It's how we do what has to be done. And for those who betray that trust, well, I hope karma teaches them how wrong that is too.
I understand, its taken me years to gather records which I never saw or knew existed and then seen the extent of altering and fabrication done with relation to regulations. Someone crossed out/scribbled out their name/rank clearly next to a field where my records would have had to gone for HQ separation review authority, indicating to me this was not done as a hint. And, there's a ton of bypassing, etc. to even go into details here to the extent which was overall done. Yes, some people like that know, make hints, as they can't risk their career but its up to you to figure it out. Years and years of digging on my end.
It is utterly ridiculous and extremely unfair how quick the military is to throw you out with an adjustment disorder. With nowhere to go and nothing to show for it. Then have to go to court or a BCNR to prove you were wrongfully separated. Just to get some relief or give yourself another chance to enlist. Which, even though I proved I never had an adjustment disorder. Which the BCNR pretty much agreed I was dealt some egregious injustices. The best they can do is a RE-3G and a JFF. I still gotta do the waiver stuff. Which I hear is hard to get. The only thing I have going for me is not having a RE-4 code and a JFV separation code. What I have right now isn’t the best but it’s 10 times better than before and I actually have the opportunity to try and get a waiver.
I wasn’t a perfect sailor but I didn’t deserve to be discharged.
I wasn’t a perfect sailor but I didn’t deserve to be discharged.
Still, your BIG picture is not clear to me and it sounds like there's more you're not sharing. Don't be upset, I'm just confused. Please notate that a licensed mental health care professional must have been in the medical process/position to evaluate you for an adjustment disorder, NOT anyone else, after a full diagnosis, not just a prognosis, recommendation and counseling can your local treating station be involved. As for me, I understand, my case is way on the extremes of the other end. I was labeled with Personality Disorder, etc. w/o and medical opinion, etc. and then was lied to and honorably separated and then recalled within a year for war and they admin sep'd me for disability under honorable conditions. My career was 100% over and they knew that, did a 360 degree on me. Its hard to comprehend, I know. But I was equally as screwed. Trust me, they were trying to admin sep or bad paper me anyway they could coming back from war instead of a stack or ribbons and medals being given.
Long thoughts here, I can't blame the entire military, just the few corrupted bad apples who hid their wrongs and ruined so many young men's lives just because they got pleasure from it. You should consult a civilian attorney as another recommendation. And yes, going BCNR and giving up as they're not willing to listen and heading to federal court is the only option. But you really have to have a compelling case not just an argument of personal opinion and reflection. You need regulations and facts at your side. I saw guys with stubbed finger have a year of light duty and or broken leg over a year of medical and some smoke dope and moved quietly to another regiment while someone like me, broken foot, shot, broken back, in an IED, separated shoulders, etc. spat on and given no rest. Its the way it is sometimes, not fair, its life, just be ready to validate and prove yourself if you are in fact in the right.
Long thoughts here, I can't blame the entire military, just the few corrupted bad apples who hid their wrongs and ruined so many young men's lives just because they got pleasure from it. You should consult a civilian attorney as another recommendation. And yes, going BCNR and giving up as they're not willing to listen and heading to federal court is the only option. But you really have to have a compelling case not just an argument of personal opinion and reflection. You need regulations and facts at your side. I saw guys with stubbed finger have a year of light duty and or broken leg over a year of medical and some smoke dope and moved quietly to another regiment while someone like me, broken foot, shot, broken back, in an IED, separated shoulders, etc. spat on and given no rest. Its the way it is sometimes, not fair, its life, just be ready to validate and prove yourself if you are in fact in the right.
What do you think my odds of winning my case would be. I had multiple mental health issues prior to deployment got seen by SRP mental health and issues where recognized was still deployed had PTSD Depression anxiety and sleep issues all related to post deployment and deployment. I got sent back early command referral for mental health. Started drinking a lot smoked weed and popped hot on UA. I was classified as having adjustment disorder and was going to be given chapter 5 for MH but I really shouldve been looked at for MEB due to PTSD screenings positive but I guess there's a regulation stating soldiers returning from combat deployment couldn't be discharged for mental health issues it had to be approved by surgeon general which wasn't going to happen. So I was told by my unit id have to wait it out. But when I read regulations I'm seeing if I would've been given meb my unit would've had to let me go through meb process regardless of my article 15 for UA due to regulations that are written regarding meb process and mental health. So I'm currently trying to change my chapter 14-12 to a med retirement for PTSD. I was also awarded 70% PTSD sc to date of discharge from VA that was in 2017. 2020 I got bumped up to 100% p&t for PTSD. I have all evidence in med records to prove all issues. Especially due to the fact that VA rated me 70% with effective date same as discharge. Within 6months of discharge. Also I believe that due to new regs stating army med boards have to follow VARSD ratings if army would've gave me meb process I would've been rated 70% for MH and been medically retired just for that. Can anyone help guide me through this or has anyone else been through this process. I also have reenlistment prior to deployment so that is why I have VA benefits. I was also awarded a Good conduct medal and Arcom prior to deployment as well as 3aam over my 4yrs. All prior to deployment I was a upstanding soldier and came back and everything just went downhill I was discharged within 3months of getting back
This thread is two years old so you're not likely to get many responses. You probably need to start a post on your own versus as a reply to an existing thread. One thing is that if your separation date was 2017, the statute of limitations for BCMR is 3 years and the statute of limitations for federal court of claims is 6 years. The BCMR has the authority to waive their statute of limitations if it's in the interest of justice but the federal court is a firm deadline so you're running out of time if you want to appeal it.