Help with Discharge

952melvin

Well-Known Member
Registered Member
I was discharged from the Marine Corps in 2007 General Under Honorable for a condition not considered a disability. I had help from the my local service officer in getting my discharge upgraded from General under honorable to just an honorable shortly after getting out. I still have the Condition not a disability reason though. I really learned how much my 1st Sgt had it out for me after I got out. They did a lot to try to screw me over.

I broke my ankle in the boot camp, kept going and it got worse, causing a dead talus bone. My doctor recommended me for discharge saying originally that "the service member will also require on going therapy and possible surgical interventions later." My command later asked for another memorandum with that removed, and a correction to add the date (I still have copies of both memorandums). I got out and was later rated 30% by the VA, 10% for my ankle, 0% for both knees and 10% for each shoulder.

I applied for the PDBR process a few years back but was denied because I didn't qualify, being I was discharged for a condition not a disability. The board recommended submitting for a change to the BCNR.

What would be a good process here? From what I'm seeing, I probably should have gone through the MEB process before being separated. I also found a Military.com article showing that the Navy often misused the separation for "condition not a disability", also looks like my "condition" isn't a listed condition for use in that type of separation.
 
Based upon what you have written, it would be a pretty lengthy wait for what would amount to zero financial compensation.

The USMC would, at best, give you severance for your ankle 10% if you went through a MEB, which would be recouped by the VA. I do not see any situation where you would be offered a medical retirement (based upon what is written).
 
Thought I'd update with a few more facts.

NVLSP is helping me as of Feb 2017
NVLSP submitted Brief to the BCNR in March 2019
April 2019 assigned a docket number

NVLSP submitted a 13 page brief with a good amount of documents which make a very compelling case. They pointed out much more than I thought, basically, I was on light duty for over a year and because of that I should have gone to MEB/PEB, obviously that didn't happen which is against DOD regulations. The brief further argues they violated regulations by not bringing me before the DES. They also argue that it was improper to use "condition not a disability" for reason of separation.

Anyone else have anything similar or have an idea on possible outcomes? Relief requested in the brief was referral to DES for 30% retirement rating and correction or records.

In the meantime I'm now up to 70% with the VA.
 
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