Fraudulent enlistment??

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OhHeyItsHim

PEB Forum Regular Member
Registered Member
I need immediate assistance or advice regarding my situation. I started an MEB in 2022 for a mood disorder. Shortly after, my command initiated an admin separation for PT failures. In 2023, I was hospitalized, and in May 2024, the PEB came back with a 90% medical retirement decision, ruling that my condition was non-preexisting and exacerbated by military service.

I’ve met with my mental health team weekly for the past three years. Every time, they reassured me I had nothing to worry about regarding the admin separation and encouraged me to stay hopeful. Even just a few days ago, they looked me in the eyes and told me I had nothing to worry about.

Today, I received my discharge papers. My command is pushing for fraudulent enlistment and claiming I lied on my security clearance paperwork. Why? Because included in my discharge packet was a memo from my mental health team and signed by my therapist herself I see at MH weekly (dated October) stating that I had a pre-existing mental health condition that wasn’t worsened by service and that I failed to disclose it during enlistment.

What is this so-called pre-existing condition? An isolated ER visit when I was 12–13 years old that I openly talked about. I was never diagnosed, treated, or prescribed anything. So what in the hell was I supposed to disclose during enlistment??? I had no ongoing or past condition at the time???

I feel SO blindsided and betrayed by the very people who told me I was fine. I don’t even know how to fight this. Has anyone experienced something similar or have advice on what steps I can take next?

Can I still fight for the medical retirement?? Can I get second opinions?? I can’t see the ADC until Tuesday :(

I’ve been active duty for 7.5 years
 
Not trying to pick on you but for clarification:

You went to the ER for a mental health episode and didn’t disclose it when enlisting? Then talk about it openly?

Without more info, it sounds like they have a case. I would hire the best possible attorney you can find. The lifetime ROI could be tremendous.
 
JMATTK said:
Not trying to pick on you but for clarification:

You went to the ER for a mental health episode and didn’t disclose it when enlisting? Then talk about it openly?

Without more info, it sounds like they have a case. I would hire the best possible attorney you can find. The lifetime ROI could be tremendous.
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My family took me to the ER, was maybe there for an hour. Was never diagnosed, treated, medicated, or anything. I was sent home and was told it was just stress.

They’re calling it fraudulent because I marked “no” on prior hospitalizations. This was not a hospitalization. This was a short visit.
 
I'm very confused. Your discharge paperwork you received today is saying they are trying to separate you for something other than a Chapter 61 medical retirement onto the PDRL as the PEB found? Do you not already have medical retirement orders?
 
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PolloxTroy08 said:
I'm very confused. Your discharge paperwork you received today is saying they are trying to separate you for something other than a Chapter 61 medical retirement onto the PDRL as the PEB found? Do you not already have medical retirement orders?
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I do not have medical retirement orders yet. I’m being dual-processed for Bipolar Disorder and PT failures. I started this process 3 years ago, as hard as that may be to believe. The PEB finally came back to me in May of last year with a determination for medical retirement at 90%. I’ve sat waiting for final determination ever since.

Just today, I was presented by my commander with the recommendation of a General, Under Honorable by way of fraudulent enlistment. They’re citing that I failed to disclose mental health conditions and a hospitalization, even though I was never hospitalized, treated, medicated, or diagnosed.

I also have a form in my discharge packet, signed by my two MH providers (the same ones that said I have nothing to worry about just the other day) saying that I am returned to my command on the basis that this is a pre-existing condition. This is news to me.
 
OhHeyItsHim said:
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I do not have medical retirement orders yet. I’m being dual-processed for Bipolar Disorder and PT failures. I started this process 3 years ago, as hard as that may be to believe. The PEB finally came back to me in May of last year with a determination for medical retirement at 90%. I’ve sat waiting for final determination ever since.

Just today, I was presented by my commander with the recommendation of a General, Under Honorable by way of fraudulent enlistment. They’re citing that I failed to disclose mental health conditions and a hospitalization, even though I was never hospitalized, treated, medicated, or diagnosed.

I also have a form in my discharge packet, signed by my two MH providers (the same ones that said I have nothing to worry about just the other day) saying that I am returned to my command on the basis that this is a pre-existing condition. This is news to me.
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This sounds beyond ridiculous to me. What level commander are we speaking about? If it's just a O3/Company level, I'd talk to your higher leadership. Have you talked to your PEBLO about it? Where are you located? I would contact your local Ombudsman and Patient Advocate Office as well, that's what they're there for. Also, you may want to reach out to a private PEB attorney like Jason Perry, Joel Petit, or John Gately; they give free consultations and would be able to provide you with advice and if you will likely need representation.
 
Get an attorney. Stress is a normal part of life, not a diagnosis.
 
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