Jason..Serious question.please please help

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italianguy4

PEB Forum Regular Member
PEB Forum Veteran
hey jason or anyone that could truly help. If a member was in a situation such as in their narrative summary it stated "the member admits to fleeting suicidal ideation in the past but denies attempts", and the board sees this compared to MEPS pre screening records..can the member be court martialed and or worse? A heard from a PEBLO this is true. But how does that work if the member was never diagnosed or seen for any kind of depression or anxiety? how can they be punished for that. its a sensitive situation. but im extremely curious. thanks for your help.
 
italianguy4 said:
hey jason or anyone that could truly help. If a member was in a situation such as in their narrative summary it stated "the member admits to fleeting suicidal ideation in the past but denies attempts", and the board sees this compared to MEPS pre screening records..can the member be court martialed and or worse? A heard from a PEBLO this is true. But how does that work if the member was never diagnosed or seen for any kind of depression or anxiety? how can they be punished for that. its a sensitive situation. but im extremely curious. thanks for your help.
Click to expand...

I've never seen a court martial soley based on NARSUM and or Medical records.
 
well i figured because if they see that you had suicidal ideation in the past in your narsum but didnt have it on your meps screening..and the board sees that..from what i understood from my PEBLO he says that could cause alot of troubel so i dont know.
 
italianguy4,

Unless there is some considerable factor here that you are not mentioning, the answer to your original question is no. What your PEBLO is probably (hopefully) warning you about is the plausibility of the IPEB deeming your condition EPTS and not aggravated by service - which equates to the related condition becoming incompensable (i.e. it will not be rated as a compensable disability). Given that the facts mentioned here represent the sum of your PEBLO's concerns, I cannot imagine in my most wildest of dreams any UCMJ/court-martial action resulting.
 
thats what i have hoped...basically in small words what im saying is...if in a meps pre screen they ask for suicidal ideation and you state no. then later on during my session with a psychiatrist, she says i admit to fleeting suicidal ideation in the past. it that going to result in a court martial under fraudulent enlistment? thats basically what i was trying to get at
 
Understood. It is highly, highly unlikely that a court-martial or UCMJ action will result from the scenario you described.
 
Absent missing facts, short answer is, "NO!"

Long(er) answer is "No, for a number of reasons, among them that I can't see any charge that would conceivably fit, and anything that remotely did would have a mental intent element that they cannot prove (and you would not logically be able to have, going into MEPS). By the way, anyone who suspects you of a crime under the UCMJ and questions you has to give you your Article 31b, UCMJ rights advisement (ironically, a military member who fails to do so may be guilty of a crime). Also, a law that might come to bear is 10 USC 1219 "A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid." If you signed something before being a military member, no UCMJ jurisdiction. Signing something after probably raises issues with this law..."

There are so many issues with any such charge...well, hundreds of pages could be written on this subject. But, all that said, it is not impossible that someone dumb prefers charges (anyone subject to the code can prefer charges). But, in the infinitesimally small chance that someone did...I see no circumstance where this goes anywhere.

I would not overthink it...my short answer is probably best for looking at this issue.
 
i appreciate the in depth answer jason, and i can catch the jist of what your saying but i dont fully understand what exactly you are saying..im just worried if i admitted to fleeting suicidal ideation with no attempt in the past during a psych. eval and didnt at meps..with the IPEB see that and try and punish me? im sorry im sounding repetitive im just so worried.
 
I would not worry. Even if the IPEB showed that what you are concerned about happened, that still does not overcome presumption of service aggravation. They would still have to rate you as long as your condition is unfitting. (Note, the PEBs do make mistakes...I am talking about what the law says they have to do....sometimes you have to fight for your rights).
 
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