IRILO, PD, and Command?

D

Docfrodoswags

PEB Forum Regular Member
Registered Member
Command and Personality Disorder?

Going through the beginning stages of a MEB for MH, and my last appointment with my therapist before they separate they uploaded notes saying that they consulted with my Command and are diagnosing me with a personality disorder because I made an IG complaint against my leadership (that was substantiated). It says that because of the IG complaints it’s evidence I can’t maintain stable relationships at work. They then say all of my symptoms are from the personality disorder.

Is this legal? I don’t think it is. I’m still in IRILO and I’m still referred for MH, but I don’t meet the criteria for this PD at all in the DSM, everything said actually fits perfectly with PTSD, and this feels like retaliation from my leadership. Does AFPC see these notes? I’ve never gone through any treatment for a PD and this is the first I’ve even seen mention of a PD in the 1 1/2 year I’ve been in MH.
 
@Docfrodoswags

The most cautious route is to assume AFPC can see the notes to which you are referring. Also, to be direct: no, it's not legal if the facts are exactly as you say they are. That being said, focusing on the condition that actually makes you unfit is a great defense against shenanigans like these. The different Services go through phases of utilizing PD as a way of dealing with MH issues. Sadly, some people use it in morally questionable ways. If your MH condition has no connection to PD, ensure you speak with your MH provider and get with your attorney ASAP to start building a proper defense. MH cases are extremely complex and can quickly become confused and unmanageable if not handled well from the beginning.

Because you're in IRILO, if the IDES attorneys won't see you, I used to get a lot of pre-IDES cases when I was a junior JAG in the Legal Assistance office at Base Legal aboard Camp Lejeune. Frankly, Legal Assistance was the "catch all" office for legal issues.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
 
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JoelPettit said:
@Docfrodoswags

The most cautious route is to assume AFPC can see the notes to which you are referring. Also, to be direct: no, it's not legal if the facts are exactly as you say they are. That being said, focusing on the condition that actually makes you unfit is a great defense against shenanigans like these. The different Services go through phases of utilizing PD as a way of dealing with MH issues. Sadly, some people use it in morally questionable ways. If your MH condition has no connection to PD, ensure you speak with your MH provider and get with your attorney ASAP to start building a proper defense. MH cases are extremely complex and can quickly become confused and unmanageable if not handled well from the beginning.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
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Thank you sir, my NARSUM indicates severe ptsd symptoms, but says no qualifying event…but my NARSUM also describes my ex spouses DV and I have an unrestricted report for DV. Just confused on the contradicting statements and what AFPC fully sees.

Can AFPC identify a condition during IRILO, or do they keep strictly to what’s already diagnosed?
 
Yes, they can identify additional conditions and comment on issues/errors they find. Still, don't rely on AFPC making the case for you. It is a well-known fact that in the pre-IDES and IDES the process is not meant to look out for you. The process is just a process, and it is structured to be the same - hopefully - for everyone; that's it! That's what lawyers mean when we say, "procedural due process." Ensuring you get what you actually merit, that's up to you. You must remain engaged and vigilant throughout.

S/F

Joel
 
They can give you a PD diagnosis at or around the same time you made an IG complaint.
But for them to have given you a PD diagnosis explicitly BECAUSE you made an IG complaint (a protected communication), was seriously illegal.
That is whistleblower retaliation/reprisal.
Those on the side of that provider may argue a PD diagnosis in and of itself is not an "adverse personnel action".
However, a PD diagnosis can and does directly result in an "adverse personnel action" (administrative separation action, which withholds or threatens a favorable personnel action: medical retirement).
That provider seriously should not have been allowed to quietly separate on their own. They should have at the very least met a Board of Inquiry for an admin sep of their own.
I hope nothing bad happened to you from that, and you took that provider out to the cleaners.
 
SimCooper said:
They can give you a PD diagnosis at or around the same time you made an IG complaint.
But for them to have given you a PD diagnosis explicitly BECAUSE you made an IG complaint (a protected communication), was seriously illegal.
That is whistleblower retaliation/reprisal.
Those on the side of that provider may argue a PD diagnosis in and of itself is not an "adverse personnel action".
However, a PD diagnosis can and does directly result in an "adverse personnel action" (administrative separation action, which withholds or threatens a favorable personnel action: medical retirement).
That provider seriously should not have been allowed to quietly separate on their own. They should have at the very least met a Board of Inquiry for an admin sep of their own.
I hope nothing bad happened to you from that, and you took that provider out to the cleaners.
Click to expand...

I filed a congressional and IG substantiated my complaint that my Command had an unlawful influence in my diagnosis. Since then I went through the MEB/PEB and found unfit with 70/100 DoD/VA and am starting my GS-14 in March, so I’ll take the win.
 
JoelPettit said:
Yes, they can identify additional conditions and comment on issues/errors they find. Still, don't rely on AFPC making the case for you. It is a well-known fact that in the pre-IDES and IDES the process is not meant to look out for you. The process is just a process, and it is structured to be the same - hopefully - for everyone; that's it! That's what lawyers mean when we say, "procedural due process." Ensuring you get what you actually merit, that's up to you. You must remain engaged and vigilant throughout.
S/F

Joel
Click to expand...
IRILO - Intelligent Reasoning and Inference for Language and Objects
PD - Personal Digital Assistant
Command - A concise directive or instruction
 
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