Honorable Admin Sep vs Medical Retirement

LNJ4ALL

LNJ4ALL

PEB Forum Regular Member
Registered Member
Hello everyone this is my first time posting and I'm not sure if I am posting in the right area.

I have found tons of useful information and assistance from the PEB Forum, but I am going through an IDES and I have a few questions:

1). I just received my AF Form 356. My Category I Unfitting Condition is Adjustment Disorder w/ Anxiety and my Category II Conditions are Bilateral Flat Feet, Tinnitus, and Cholecystectomy w/ Gastroesophageal Reflux Disease. The combined compensable percentage is 50% and the recommended disposition is Permanent Retirement.

2). The VA ratings were:

- Persistent Adjustment Disorder - 50%
- Bilateral Flat Feet - 30%
- Tinnitus - 10%
- Cholecystectomy w/ Gastroesophageal Reflux Disease - 10%
- I had 4 other conditions that I was rated 0% for and I understand that I have those reevaluated

3). My questions are:

- What does this all mean as far as benefits for my children and I?

- I went through an Admin Discharge Board and the Board found that there was a basis for discharge (Minor Disciplinary Infractions) but that my service characterization is Honorable. I am currently on Med Hold until the MEB process is over. Is there a chance that the SECAF can choose the Honorable Discharge from the Admin Board over the Permanent Medical Retirement? I am currently contesting actions taken by my CC through the AFBCMR but I am more concerned with these two processes because they effect my family as well.

- What happens next?

ANY help you can provide is GREATLY appreciated!
 
I assume Minor Disciplinary Infractions is under misconduct? If so, then there is a choice between giving you the admin discharge and the retirement. If it is not misconduct, then they have to go with the medical retirement. Reason is the worst type of discharge that can be directed. For misconduct it is under other than honorable.
 
Thanks for the response Ed. I was lost on how to post and actually posted in another thread as well. Long story short:

This is a copy of the letter I sent to my Congressman:

My name is XXXXX and I hope you receive my email and tell my story. In November 2013 after contacting MEO regarding hostility, racism, and sexual harassment within my unit, I was targeted by my Commander and other members of my chain of command. Having served over 13 years in the Air Force, I was brought up on false charges, administratively demoted to the rank of Staff Sergeant and ten days after that demotion, I was punished under NJP and demoted to the rank of Senior Airmen. I DO NOT have a DUI, I DID NOT commit a murder or any other crime, yet I have been punished by a Commander who attempted to cover up the problems in the unit, and punished anyone who spoke up or was vocal about ANYTHING that would cause embarrassment.

In July 2014, my Admin Discharge Board was held here at XXX AFB. The government called 4 witnesses against me, I called 28. Of the 28, 18 testified on my behalf and the Board voted that the original demotion (to the rank of Staff Sergeant) was unjust and the basis for the demotion action did not exist. After months of humiliation, embarrassment, and degradation, I sat on a Board that ultimately decided in my favor, yet I sit here as a Senior Airmen and the Group Commander refuses to reverse the unjust admin demotion. Several witnesses have come forward with allegations of racism, sexual harassment, favoritism, and abuse of authority, but to date, NOTHING has been done. The individuals involved are attempted to sweep this issue under the rug and threats have been made to several NCOs and SNCOs who have spoken up on my behalf, including my supervisor!

PLEASE READ THE DOCUMENTS I HAVE ATTACHED! I will continue to fight until my voice is heard. We need to bring back leaders who care about their people and not just those who cover their own butts! There are people who want to do the right thing, but they fear retaliation. Please investigate these matters. I have nothing to HIDE to or to lose!
 
The MDI was under misconduct however, during my Board, the members voted that one of the actions never happened and although there was a basis for discharge, my service characterization should be Honorable. The GCMCA has already sent his "action memo" basically stating that he agrees with the outcome of the board. My case is very complicated and I have contested the actions taken against and it is evident that the CC wanted to get me out any way possible that would not result in an Honorable discharge or any benefits.

At the Board, I actually won my Honorable discharge even though there was a basis for discharge. I have forwarded everything to AFBCMR and I'm hoping that this works out. The PEBLO told me that they are sending up paperwork for my grade determination due to the fact that I was an E-6 for 25 months, then demoted to E-5, and then E-4. I have been an E-4 since March 2014.
 
Misconduct requires a board. Since a board was held, and separation was approved... at honorable, you would be separated, at least that is how it is in the army. Next question... do you have enough years for regular retirement? If not, are they allowing you to complete the PEB regardless of the board? Did you have a determination of mental competence with the board? If not, you might have a chance to fight the separation action if they are not allowing you to go through the PEB due to separation. You have to be mentally competent... wink wink... in order to be punished. I had two options when I had a breakdown from medication. A) take a LOR from an Article 15 or B) take my chance at a court martial (BDE wanted my butt out because I blocked numerous separation actions that looked like GARBAGE). If competency was not established you could consult JAG and have the board overturned. I see that adjustment disorder and that is why I bring it up.
 
danieldresen said:
Misconduct requires a board. Since a board was held, and separation was approved... at honorable, you would be separated, at least that is how it is in the army. Next question... do you have enough years for regular retirement? If not, are they allowing you to complete the PEB regardless of the board? Did you have a determination of mental competence with the board? If not, you might have a chance to fight the separation action if they are not allowing you to go through the PEB due to separation. You have to be mentally competent... wink wink... in order to be punished. I had two options when I had a breakdown from medication. A) take a LOR from an Article 15 or B) take my chance at a court martial (BDE wanted my butt out because I blocked numerous separation actions that looked like GARBAGE). If competency was not established you could consult JAG and have the board overturned. I see that adjustment disorder and that is why I bring it up.
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There are types of separations that require boards that do not carry the possibility of an under other than honorable discharge. Disability separation trumps those. Once your PEB is complete, your case goes to the GCMCA for a determination of whether your misconduct was a result of your disability. If so, you get your disability. If not, you get your honorable discharge. As for insanity, insanity can only be established by a separate sanity board. They basically look at only two things: Did you know right from wrong and could you adhere to the right?

Ed
 
Ed Mercanti said:
There are types of separations that require boards that do not carry the possibility of an under other than honorable discharge. Disability separation trumps those. Once your PEB is complete, your case goes to the GCMCA for a determination of whether your misconduct was a result of your disability. If so, you get your disability. If not, you get your honorable discharge. As for insanity, insanity can only be established by a separate sanity board. They basically look at only two things: Did you know right from wrong and could you adhere to the right?

Ed
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Ed,

Based on the way the allegations were framed and the issues surrounding my diagnosis of Adjustment Disorder, the two are tied in together. Even though I disagree with my CC's narrative, my PCM was able to right a fair and accurate narrative that helped to explain my situation. The GCMCA has already returned his "action" agreeing with the Board's findings, the Honorable service characterization, and due to my MEB, I am now on med hold.

I have read the regulation several times and I hoping that I get the medical retirement. Either way, I am getting out with a great deal, and a fresh start!
 
chaplaincharlie said:
Have you consider an article 138 complaint?
http://usmilitary.about.com/cs/militarylaw/a/article138.htm
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I filed one, in addition to 4 IG complaints and a recent Congressional Inquiry. Based on the way my CC presented everything, it's taking a bit of work to "expose" the true but I am not giving up. So many people would have given up but when you know you are right, you keep the faith, and press! I have pages and pages of documentation that I have provided to several outside agencies. Just crossing my fingers and waiting to hear something back!
 
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