I am an officer
Went through the MEB/PEB in accordance with AR 600-8-24 sec 1-24
I was notified prior to the IDES process (FEB16) through a counseling and official documentation that I may be separated. I elected resignation in lieu of elimination (MARCH16). I entered the IDES process 30MAR16. On 02JUNE16 my CO submitted his Commander's Statement. In his statement he annotated that I am not pending any involuntary separation nor am I facing UCMJ. I have just completed the MEB/PEB and signed my 199. I received 100% VA and 50% DOD. I received orders to separate with medical retirement and when I ask my supervisor to sign my leave form he informed me that I am not allowed to go on leave until HRC has come to a determination on my elimination. I received paper work revoking my orders today. My question is; because I elected a resignation in lieu of elimination will HRC choose that over my medical retirement? Also how may I go about fighting the separation?
NOTE: The CG recommended an honorable discharge. I am pending elimination due to a DUI. My DUI was downgraded to a DWAI (Driving while ability impaired BAH .05-.07). This even took place a year (MAY15). I received an OER in AUG16 with the senior rater (BC) comments stating that he ranked me 1 out of 5 officer he rated and I should continue service and promoted with my peers. Also, according to AR 600-8-24 my MEB and administrative separation with be submitted together to HRC. My medical retirement does not take precedence over my separation because 1) I submitted a resignation in lieu of elimination and 2) I am being separated for civilian conviction.
1) If I retract my resignation and say I do not want to submit it
2) Contest my "civilian conviction"
My medical separation will in theory take precedence over my separation.
I am being separated for a DUI, which I was never convicted of due to the plea deal reducing it to a mere traffic ticket.
Is this a feasible course of action or does this seem like a stretch?
This entire process has been very stressful and because of the commanders statement I was under the impression I was not facing separation. My wife and 16 month old daughter have already moved to our future location and my wife has already accepted a job because I was supposed to start terminal leave on 31OCT16, but my orders were revoked today 28OCT16. Thus causing a financial burden as well as add stress to me and my family.
I have also dealt with harassment and a bunch of other nonsense from my Battalion throughout this process. (denied medical treatment, initially denied MEB by PCM because my chain of command instructed him to, denial of inpatient case for MST. I have documentation to support my above claims to support this as well.
What would a reasonable COA be?
What is the realistic outcome I should expect?
Any information would be greatly appreciated.
Went through the MEB/PEB in accordance with AR 600-8-24 sec 1-24
I was notified prior to the IDES process (FEB16) through a counseling and official documentation that I may be separated. I elected resignation in lieu of elimination (MARCH16). I entered the IDES process 30MAR16. On 02JUNE16 my CO submitted his Commander's Statement. In his statement he annotated that I am not pending any involuntary separation nor am I facing UCMJ. I have just completed the MEB/PEB and signed my 199. I received 100% VA and 50% DOD. I received orders to separate with medical retirement and when I ask my supervisor to sign my leave form he informed me that I am not allowed to go on leave until HRC has come to a determination on my elimination. I received paper work revoking my orders today. My question is; because I elected a resignation in lieu of elimination will HRC choose that over my medical retirement? Also how may I go about fighting the separation?
NOTE: The CG recommended an honorable discharge. I am pending elimination due to a DUI. My DUI was downgraded to a DWAI (Driving while ability impaired BAH .05-.07). This even took place a year (MAY15). I received an OER in AUG16 with the senior rater (BC) comments stating that he ranked me 1 out of 5 officer he rated and I should continue service and promoted with my peers. Also, according to AR 600-8-24 my MEB and administrative separation with be submitted together to HRC. My medical retirement does not take precedence over my separation because 1) I submitted a resignation in lieu of elimination and 2) I am being separated for civilian conviction.
1) If I retract my resignation and say I do not want to submit it
2) Contest my "civilian conviction"
My medical separation will in theory take precedence over my separation.
I am being separated for a DUI, which I was never convicted of due to the plea deal reducing it to a mere traffic ticket.
Is this a feasible course of action or does this seem like a stretch?
This entire process has been very stressful and because of the commanders statement I was under the impression I was not facing separation. My wife and 16 month old daughter have already moved to our future location and my wife has already accepted a job because I was supposed to start terminal leave on 31OCT16, but my orders were revoked today 28OCT16. Thus causing a financial burden as well as add stress to me and my family.
I have also dealt with harassment and a bunch of other nonsense from my Battalion throughout this process. (denied medical treatment, initially denied MEB by PCM because my chain of command instructed him to, denial of inpatient case for MST. I have documentation to support my above claims to support this as well.
What would a reasonable COA be?
What is the realistic outcome I should expect?
Any information would be greatly appreciated.