I have a serious question.Ever since I have been a part of my current squadron, I have butted heads with my commander. I am currently going through the MEB process for Asthma and Sleep Apnea and he has given me a hard time. My situation is this. If the PEB decides Im getting out, can he give me a General Discharge? I'll be honest, I do have a 15 in my past (5 years ago). I was wondering if this could affect me? Everyone else in my Unit sees me as a strong NCO except for him. Im hoping he doesnt screw me over one last time when I get out.
Can my Commander give me a General Discharge???
- Thread starter Mcat10
- Start date
Jason Perry
Founder and Leader
Site Founder
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Your past Article 15 cannot affect your case. You only have a problem if you have current potential charges that may result in a punitive discharge.
AFI 36-3212, 1.3. Eligibility for Disability Evaluation.
HQ AFPC/DPPD determines eligibility for disability processing.
The mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge. The physical defect or conditions must render the member unfit for duty. Disability evaluation begins only when examination, treatment, hospitalization, or substandard performance result in referral to a Medical Evaluation Board (MEB). Members not eligible for disability processing
are:
1.3.1. Members Under Court-Martial (CM) Charges. Those charged with one or more offenses that could result in dismissal or punitive discharge, and those convicted and sentenced to dismissal or punitive discharge, may not undergo disability evaluation..."
Once the PEB makes its decision, your Commander cannot do anything (unless he prefers charges and you are later Court-Martialed for something that may result in a punitive discharge).
Bad bosses are the worst. Sorry to hear he is giving you a hard time.
The mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge. The physical defect or conditions must render the member unfit for duty. Disability evaluation begins only when examination, treatment, hospitalization, or substandard performance result in referral to a Medical Evaluation Board (MEB). Members not eligible for disability processing
are:
1.3.1. Members Under Court-Martial (CM) Charges. Those charged with one or more offenses that could result in dismissal or punitive discharge, and those convicted and sentenced to dismissal or punitive discharge, may not undergo disability evaluation..."
Once the PEB makes its decision, your Commander cannot do anything (unless he prefers charges and you are later Court-Martialed for something that may result in a punitive discharge).
Bad bosses are the worst. Sorry to hear he is giving you a hard time.
You have eased my mind! I was hoping you would say that! I made a bad decision as a young troop and have worked my butt off to prove myself since. The current commander isnt the one that issued the 15 nor was it even given at my current base, but he has held it over my head ever since he's been here.We're all waiting for June to get here (hopefully I'll be a civilian by then) for the "after party" aka new commander.
Just be careful and don't let them aggravate you to the point where you act out and do something that violates the UCMJ and than they will have ammo to discharge you.
My mom works with a retired military doc who use to do something with the board process(can't remember what) but he said some commanders or senior members in your unit might try something ridiculous like that..sad we have to even worry about something like that...
My mom works with a retired military doc who use to do something with the board process(can't remember what) but he said some commanders or senior members in your unit might try something ridiculous like that..sad we have to even worry about something like that...