Confused & Frustrated

LJS86

New Member
Registered Member
I will make this is as short as possible and if someone needs additional info in order to answer some questions, I'll be happy to provide it.

2/12 Enlisted VA Nat Guard
4/12 Initial AD Training Fort Leonardwood OSUT MP 31B Training (made it through Basic and more than halfway through AIT)
7/12 Incurred a grade 4 non displaced fracture of my femoral neck (my right hip)
8/12 Line of Duty (Tricare Release) Issued for 6 months (sent back to Guard unit for medical treatment/healing)
4/2013

Upon returning back to my state (Virginia), I was required to attend drill each month and was on a permanent crutches only profile during the REFRAD. At the end of the 6 months, I was told I would have to continue with my guard unit until they could properly place me back in training at the place I left off. I was not at the time fully healed and was in the process of seeing an orthopedic specialist at Naval Station Portsmouth. I was informed that I would indeed need surgery after all and would require an additional 9 months of healing. Just short of me scheduling my surgery, I was told that I would now be sent back to Fort Leonardwood versus waiting with my guard unit. My NCO was not able to immediately get me scheduled for training due to my injury still not being fixed. At that point is was now 2014 (I had been in limbo land with a broken hip and no orders for over a year). I requested that my NCO recommend me to MEB so that I could simply get out of the service and go back to a semi normal life. All the while still attending drill the entire time I was in my state, I was discharged 2 months after asking for MEB without my consent. My DD214 reads "Uncharacterized AR 635-200 Chap 4" and my NGB 22 reads "Uncharacterized NGR 600-200 Para 6-36c (5)(a) Failure to meet medical procurement standards of AR 40-501".

A) How can they do that? And is that even legal? My signature isnt on any of my discharge paperwork!
B) I was still injured, shouldnt they have put me through some sort of medical processing prior to simply discharging me?
C) I am now in the process of filing my VA Claim since obviously no one ever walked me through anything regarding my injury. Is this sort of discharge going to harm my right to my benefits and medical treatment?
D) I have my pre-enlistment medical exam that mentions not a single pre-existing condition. And I also have all of the LOD paperwork as well as all of my AHLTA medical records (chronological order of treatment) that state my injury was incurred during training. Is there a way to request my discharge be changed?
 
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