A few years ago I reported an SA and physical assault done to me following a break in and stalking by an enlisted Marine. I am an officer. I filed unrestricted since I knew who it was, did my SAFE, they got the photos. He was arrested and charged out in the civilian court for it all, went to jail. The military let him go in a court martial because our civilian case kept getting continued and the members of his board acquitted him. He was convicted 3 months after court martial by the civilian judge. From my POV, the government did an awful job at getting evidence. They had nothing from the police reports, my SAFE, my statements. After his court martial though, he confessed. NCIS opened an investigation, he broke into my house again in the middle of the night, got arrested two days later when they found him. Same thing from before he tried to do, but I fought him more that time. He has caused extreme property damage he was ordered a judgement to pay for. Both at my house. He went to jail for a few months. **MPOs were issued following my initial report.
Well following his acquittal. My command decided to charge me with MPO violation and fraternization. I had my BOI after waiting 5 months, and the board substantiated fraternization because he was never charged with SA by his command. They didn’t substantiate the MPO violation. Recommended for general under honorable discharge for misconduct and moral or professional dereliction, and substandard performance for fraternization. This was 2 years after I reported.
I was referred to MEB prior to notification of BOI, and when I was notified I submitted an unqualified resignation in lieu of administrative processing. I received my findings back and signed them a week after my BOI. I am referred to the DES for TBI and PTSD, and my command sent me for a final physical evaluation to another provider I’d never seen before I was notified of BOI so I had no idea why I was seeing her and she didn’t have a “charge sheet” to go on. She ruled that my TBI/PTSD were not “causal” factors to misconduct. Which, they weren’t. They resulted from the SA and physical assault.
My question is: will I still receive an EAS date within the normal timeframe of the DES process? Or will I need to wait until my BOI is transcribed and routed? My attorney and I are writing a response to it, but I’m rated 70% DoD and 100% VA and I’m ready to move on from this. I wish there were more to what happened, but there’s not. He was let go despite civilian charges since they came after his court martial. He couldn’t be re-charged. I have three things awaiting decision/action. My resignation, the BOI, and my PEB. Unfortunately, my PEBLO hasn’t been helpful since I started the DES process before all of this. It’s been 13 days since I accepted my findings and I haven’t heard from my MSC, who I have contacted. I know this is a very unique situation, but I’m wondering if anyone has any insight or seen anything like this. Thank you.
Well following his acquittal. My command decided to charge me with MPO violation and fraternization. I had my BOI after waiting 5 months, and the board substantiated fraternization because he was never charged with SA by his command. They didn’t substantiate the MPO violation. Recommended for general under honorable discharge for misconduct and moral or professional dereliction, and substandard performance for fraternization. This was 2 years after I reported.
I was referred to MEB prior to notification of BOI, and when I was notified I submitted an unqualified resignation in lieu of administrative processing. I received my findings back and signed them a week after my BOI. I am referred to the DES for TBI and PTSD, and my command sent me for a final physical evaluation to another provider I’d never seen before I was notified of BOI so I had no idea why I was seeing her and she didn’t have a “charge sheet” to go on. She ruled that my TBI/PTSD were not “causal” factors to misconduct. Which, they weren’t. They resulted from the SA and physical assault.
My question is: will I still receive an EAS date within the normal timeframe of the DES process? Or will I need to wait until my BOI is transcribed and routed? My attorney and I are writing a response to it, but I’m rated 70% DoD and 100% VA and I’m ready to move on from this. I wish there were more to what happened, but there’s not. He was let go despite civilian charges since they came after his court martial. He couldn’t be re-charged. I have three things awaiting decision/action. My resignation, the BOI, and my PEB. Unfortunately, my PEBLO hasn’t been helpful since I started the DES process before all of this. It’s been 13 days since I accepted my findings and I haven’t heard from my MSC, who I have contacted. I know this is a very unique situation, but I’m wondering if anyone has any insight or seen anything like this. Thank you.