Local Congressman helping to change discharge to military retirement?

C

confusedARNGvet

PEB Forum Regular Member
Hi all,
I was just wondering how much pull if any does your local Congressman's office have representing a veteran getting a military retirement through a Board for correction of military records relating to PTSD and TBI?

I am currently 40% VA service connected. When I brought this up during a Post Deployment Health Assesment that was conducted 10 months after returning from IRAQ It was noted on the Assesment already in care with VA. The Army National Guard just ignored the PTSD! No LOD was initiated no medical review or physical review board were conducted.

I have submitted about 20 documents and a synopsis of all this to Congressman John Salazar's office. I spoke with them recently and was advised the issue has been submitted to the board.

Is there any chance of getting this corrrected through the board?
 
ConfusedARNGvet,

Welcome! If I understand, you asked for Congressional assistance with the issues that you also submitted to the BCMR. If that is the case, I do not think this is helpful. The BCMR's likely response (I base this as my time as a government attorney responding to Congressional inquiries) is that your case is under consideration.

Do not despair, though. Your BCMR application is still going to be considered. If you get a good outcome, then you have won. If not, you can submit additional information OR go to Federal Court.

Best of luck!
 
Jason,

Thank you for welcoming me to the forum. I have not physically sent in a form 149 to the Army board of Corrections for Military Records. I sent A synopsis letter of about 4 pages and 20 documents related to military medical retirement to Congressman Salazar. I received a response that he was getting in touch with National Guard Bureau as well as NPRC. Yesterday the office called and asked where I wanted my medals sent. My personnel records arrived from his office with a letter stating that the issue was being handled through the board. I wonder if they put in a form 149 on my behalf?

Mapparker,
I chose not to reenlist due to The VA Post traumatic stress disorder claim I was granted. I was honorably discharged. I was very upset by the Guard's refusal to do anything about my situation and pushing me to the VA. I wish I had known about this site while I was still in, it would make it so much easier.
 
confusedARNGvet

I am in a very similiar situation, but with regard the Army Reserves, to that matter the whole warrior transition case management. All benefits they indicated to me would be taken care of by the VA, with no information about the MEB/PEB process and benefits that we may be eligible to recieve. I am a 60% VA rated Iraq war Vet, and I too want to appeal the discharge for a miitary retirement. I am in process now of putting the DD149 together with all the documents.

This is a great site, and I have passed it on to all my army buddies who have served and still are serving.

Good Luck
CMS

Do you know if the review the case, then does it go the MEB or they make final decision?
 
CMS,
Are you still in the Army Reserves or have ETS out already? According to what I have been reading if your already discharged the Army BCMR will correct the record or deny the application To the best of my knowledge they will not order a meb/or peb.

I dropped off some documentation to my congressman last week and the case worker advised me that the Congressman was going to attempt to get this resolved Directly through the secretary of the Army and mitigate the whole BCMR process if possible. She gave me a blank DD form 149 just in case.
I have been reading a lot of case law about this, seems to me that way over half the applications to the BCMR are denied. however I would highly advise you to go to Veterans for America and download The Veterans Survival Guide it is a 599 page PDF Book distributed for Veterans like us. It helped me out tons. If you have any other questions feel free to send me an instant message we'll exchange contact info.
Hope this Helps.
 
FYI,

I am the author of the Chapter of the Veteran's Survival Guide dealing with military disability. I did not cover the appeals process in detail in my chapter. I will note that it is important to remember that most BCMR applications are for upgrading Other than Honorable or General Discharges or challenging Article 15's. Therefore, I do not know that it is helpful to look at the overall success rates for BCMR applications. I think that you would see different numbers for MEB/PEB and wrongful discharge cases.
 
Jason,
Thank you for that important info I will certainly take that into account It looked pretty discouraging from what I saw. You did an awesome job on that guide I hope CMS gets a copy of it to help him out. Have any idea how to get your hands on a NGB 600-200 regfrom the internet? Guard Bureau has conveniently taken it offline. Seems they want to keep the soldiers in the dark about the Army National Guard discharge process. Go figure huh!
 
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