Appeal admin separation

J

jdjohnson

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My MEB was just finished and I also had a admin discharge pending during this process. I know it's considered a dual action which means AFPC will now choose which discharge to go with. So my question if AFPC chooses admin discharge will I have a chance to appeal it while I'm still in the military. My PEBLO says I can not appeal the admin discharge while I'm still on active duty I would have to do it when I get out. Is that correct.

My next question is I received a 100% rating from the VA and if they admin discharge me would I still be able to collect VA compensation within the first 90 days. My PEBLO says that nothing would change with VA and I would collect compensation within the first 90 days after discharge. When I talked to my VA rep today he said I would have to reapply and it will take considerable longer to get paid and there is know guarantee I would receive 100% again. Which one is correct?
 
jdjohnson said:
My MEB was just finished and I also had a admin discharge pending during this process. I know it's considered a dual action which means AFPC will now choose which discharge to go with. So my question if AFPC chooses admin discharge will I have a chance to appeal it while I'm still in the military. My PEBLO says I can not appeal the admin discharge while I'm still on active duty I would have to do it when I get out. Is that correct.
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Depends- was your discharge approved by the Approval Authority (probably the General Court Martial Convening Authority)? If the separation action is approved and done and is held, pending outcome of the dual processing, then likely, yes, you would have to wait until you are out to take the next appeal steps. Your question turns on whether you mean whether you can fight the separation in the first instance or appeal an approved separation.


My next question is I received a 100% rating from the VA and if they admin discharge me would I still be able to collect VA compensation within the first 90 days. My PEBLO says that nothing would change with VA and I would collect compensation within the first 90 days after discharge. When I talked to my VA rep today he said I would have to reapply and it will take considerable longer to get paid and there is know guarantee I would receive 100% again. Which one is correct?
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VA rep is correct.
 
Jason Perry said:
Depends- was your discharge approved by the Approval Authority (probably the General Court Martial Convening Authority)? If the separation action is approved and done and is held, pending outcome of the dual processing, then likely, yes, you would have to wait until you are out to take the next appeal steps. Your question turns on whether you mean whether you can fight the separation in the first instance or appeal an

The admin discharge was for PT failures. The ADC on base advised me not to fight it because when I'm granted retirement then they will have no choose but to pick retirement. I'm starting to wonder if this was bad advise. Another issue was my old PCM said I could pass my PT test but my doctor off base said I had no chance with my Ménière's disease. So fast forward to when the admin discharge was giving to me. I had to go to my new PCM and she wrote on my admin discharge paperwork that I'm unable to pass a PT test because of my Ménière's disease so I'm hoping AFPC will see this and grant me retirement. I was giving 60% AF PDRL and VA 100%
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jdjohnson said:
My MEB was just finished and I also had a admin discharge pending during this process. I know it's considered a dual action which means AFPC will now choose which discharge to go with. So my question if AFPC chooses admin discharge will I have a chance to appeal it while I'm still in the military. My PEBLO says I can not appeal the admin discharge while I'm still on active duty I would have to do it when I get out. Is that correct.

My next question is I received a 100% rating from the VA and if they admin discharge me would I still be able to collect VA compensation within the first 90 days. My PEBLO says that nothing would change with VA and I would collect compensation within the first 90 days after discharge. When I talked to my VA rep today he said I would have to reapply and it will take considerable longer to get paid and there is know guarantee I would receive 100% again. Which one is correct?
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With an admin discharge, you are given the right to submit matters in your own behalf, at a minimum. If they are considering you for discharge UOTHC (under other than honorable conditions), then you also have the right to have a board of officers consider your case.

Actually, if a PEB found you unfit the disability separation trumps the admin separation unless the type of separation carried the possibility of an UOTHC discharge. Then its up to the GCMCA.
 
Ed Mercanti said:
With an admin discharge, you are given the right to submit matters in your own behalf, at a minimum. If they are considering you for discharge UOTHC (under other than honorable conditions), then you also have the right to have a board of officers consider your case.

Actually, if a PEB found you unfit the disability separation trumps the admin separation unless the type of separation carried the possibility of an UOTHC discharge. Then its up to the GCMCA.
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The admin discharge is a honorable discharge. So based on what you said there is nothing really to worry about. My PEBLO keeps on telling to basically worry about it because AFPC could choose admin discharge.
 
jdjohnson, all the discharges provided for in AR 635-200 are administrative discharges. They include misconduct, fraudulent entry, etc. Many carry an UOTHC discharge. Non administrative discharges are physical disability and by order of court-martial (Bad Conduct Discharge and Dishonorable Discharge). What is the reason for the admin discharge?
 
Ed Mercanti said:
jdjohnson, all the discharges provided for in AR 635-200 are administrative discharges. They include misconduct, fraudulent entry, etc. Many carry an UOTHC discharge. Non administrative discharges are physical disability and by order of court-martial (Bad Conduct Discharge and Dishonorable Discharge). What is the reason for the admin discharge?
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The admin separation (honorable discharge) is for PT Test failures. I'm also in the Air Force I know you listed a army reg but I'm not sure if the AF is the same.
 
Yep, PT test failure is an honorable, so you can't be separated for that if a PEB has found you unfit.
 
Does anyone know how it is for officers looking at seperation? I'm currently up for a second look at promotion and in today's environment I don't expect to be picked up for promotion.

I'm wondering if I'll be safe from removal until the MEB/PEB process is done?
 
Have you started the MEB/PEB process? That is going to be the key for you. Once you get into the process, it has to play out until a decision.The PEB would become primary, but they could still process the admin separation. It would be secondary to the PEB though.

Rather than ask your questions on this other gentleman's thread, why don't you go ahead start one up for your specific situation. We will do our best to answer all your questions.
 
loudspeaker1999 said:
Does anyone know how it is for officers looking at seperation? I'm currently up for a second look at promotion and in today's environment I don't expect to be picked up for promotion.

I'm wondering if I'll be safe from removal until the MEB/PEB process is done?
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This is actually a good question. For officers removal as a result of twice being not selected for promotion is a statutory provision. The only exception is when DA obtains an exemption due to a shortage of officers (selective continuation). If it becomes an issue, it should be researched further.
 
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