Just got notified of Admin Sep by Command, already found unfit by PEB.

N

NAVYIBS21

PEB Forum Regular Member
Registered Member
Don’t know what to do. I’ve never had any disciplinary action the 3 years I’ve been in the Navy. I go Limdu and start a MedBoard, and everything goes to shit. I went to DRB and XOI, but after consulting with Legal was told by 3 different attorneys to request a court martial because everything the Command was accusing me of was either an outright lie, or extremely exaggerated.
This was about 5 months ago. My Command just called me in saying “we need you to sign an Eval”, and when I got there, presented me with admin sep paperwork out of the blue.
I already know my rating because I called the VA and had it faxed over to me. 90%. Just waiting on my PEBLO to call me in and sign everything. Literally almost done and out of the Navy and they drop this on me.
Went and talked with an attorney at DSO, and they said it was bullshit and are seeing what they can do. Also went and talked to the IDES attorney I’m assigned to, and she was furious and couldn’t believe it.
The main thing I’m claiming is PTSD. I literally can’t do this anymore, I’ve fought with this Command for almost 6 months now. I can’t go back to that Command. Been investigated by NCIS because someone left anonymous tips on their website saying I was “going to be an active shooter”. The original charge sheet they presented me with, after I requested Court Martial, the CO dropped all the charges. Then 5 minutes later had another charge sheet with a bunch of new charges.
Feel like I’m living a fucking nightmare. I’m going to the IG route tomorrow morning when they open. Any advice is greatly appreciated.
 
When they brought me in to sign the paperwork, I didn’t want to sign anything before consulting with an attorney, or talking with the HMC since he’s the IDC at the Command. They refused and said if I walked out of the room, they’d just push it through without my signatures.
 
Maybe but I doubt it I just continue seeing counsel, they are probably hoping for a dual chapter and the first O-6 in your command can choose which chapter you actually get, I still wouldnt have signed anything. What was your DoD rating?
 
oddpedestrian said:
Maybe but I doubt it I just continue seeing counsel, they are probably hoping for a dual chapter and the first O-6 in your command can choose which chapter you actually get, I still wouldnt have signed anything. What was your DoD rating?
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As I understood it, since I’m diagnosed with PTSD, it has to go all the way up to the Chief of Naval Personnel? At least if I’m reading milpersman 1910-704 correctly.
 
oddpedestrian said:
Maybe but I doubt it I just continue seeing counsel, they are probably hoping for a dual chapter and the first O-6 in your command can choose which chapter you actually get, I still wouldnt have signed anything. What was your DoD rating?
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I don’t know my DOD rating only my VA rating
 
Commander of Navy Personnel it looks like you fall under the PEB one not the involuntary separation one.
 
Tell your Peblo to step on the gas... get you results signed and the quicker the process goes the sooner you’ll be medically retired vs separated.
 
So I got my retirement orders on 25FEB, but if I’m reading it correctly they were issued 20FEB. It says to separate 27APR. My Command is still pursuing Admin Sep, and submitted all the paperwork 26FEB. A day after I got my orders.

I’ve already consulted with Legal, but does anyone here have any advice on what to expect, and what potential outcomes are? Or anyone go through something similar?
 
I would rely on legal for my options. What did the legal officer tell you?

Also, the Office of the Inspector General is available as an option if you feel the actions are "improper."

Ron
 
RonG said:
I would rely on legal for my options. What did the legal officer tell you?

Ron
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They gave me a few options, and told me what they think is most likely going to happen. But even both the attorneys I spoke to said they’d never dealt with anything like this. Long and short of their advice was basically just to stand by and see what happens.
That’s why I updated this thread to see if maybe there’s anybody here that has any recommendations.
 
NAVYIBS21 said:
They gave me a few options, and told me what they think is most likely going to happen. But even both the attorneys I spoke to said they’d never dealt with anything like this. Long and short of their advice was basically just to stand by and see what happens.
That’s why I updated this thread to see if maybe there’s anybody here that has any recommendations.
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I added to my reply a few moments ago: Also, the Office of the Inspector General is available as an option if you feel the actions are "improper."

Ron
 
RonG said:
I added to my reply a few moments ago: Also, the Office of the Inspector General is available as an option if you feel the actions are "improper."

Ron
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I actually contacted the IG back in October when this stuff started happening. They sent me a blanket response telling me how to appeal an NJP decision. Despite the fact that I never even went to NJP, I requested Court Martial per advice from Legal Counsel. And I made that clear from my initial contact to the IG.
Right now my Congressman’s Office is making an inquiry. But it can take up to 30 days to get a response. So that doesn’t really help me here and now.
 
See post number 2 at soldier getting admin discharge before MEB <---LINK

It is for Army, but the Navy likely has similar procedures. Note the post was in 2009 so the regulation might have changed since then...

Ron
 
RonG said:
See post number 2 at soldier getting admin discharge before MEB <---LINK

It is for Army, but the Navy likely has similar procedures. Note the post was in 2009 so the regulation might have changed since then...

Ron
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I filed another IG complaint a couple weeks ago, I actually went to the office in person. Hopefully I actually get help this time, but honestly I doubt it. Either way I’m fucked out of taking Terminal Leave, and might be fucked out of the medical retirement I literally already have Orders for.
The only thing I can do is just sit and wait to see what happens I guess.
 
Just got notified I’ve been placed on Legal hold, have to go in tomorrow to get an ORDMOD to my retirement orders.
 
NAVYIBS21 said:
Just got notified I’ve been placed on Legal hold, have to go in tomorrow to get an ORDMOD to my retirement orders.
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I infer ORDMOD is an amended order in Navy talk.

What is the significance of "legal hold"? Sounds like part of an investigation to me.

Similar case: One attorney offered, "They can put you in a legal hold status as long as they are doing so with intention to prefer court-martial charges against you - that legal hold status can last for a significant period of time, but again only if the intent is to prosecute you. Once they decide not to prefer charges, they would have to discharge you by reason of completion of service obligation. They can not hold you beyond your EAOS simply because you might be a witness to another person's conduct, and they can not hold you beyond your EAOS to NJP or administratively separate you for misconduct. You should not under any circumstances sign a voluntary extension - if you do that, you are in the Navy until that extension is completed. I suggest you contact a military defense lawyer (civilian or military) to discuss this fully ASAP. "

Ron
 
I think they have more weight on you than just an "anonymous tip" it looks like they are hell bent on you getting you an admin discharge. This is also looking like it won't be an honorable as well although if you haven't had any NJP this type of discharge can be overturned with the BCMR have you been in for at least six years? If so do not waive an admin separation board.
 
The Naby may be a little different than the Army but Ron is partially right. If UCMJ action is being contemplated you can be retained on active duty past your ETS. However, a legal hold may only refer to administrative separation. In other words, they can keep you on active duty rather than medically separate you, assuming you haven‘t reached your ETS. In that case, the separation authority will decide between the medical separation and the adverse administrative separation.
 
Hi Chalk22,


Thank you for your helpful post/advice to the sailor. However, I could not be partially right or wrong in that matter. My quotation (or its author) might be partially right, etc.

I posted the remarks of another. "Similar case: One attorney offered..." I simply do not know.

Regards,
Ron
 
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