Officer Elimination vs. MEB

[M.Till123]

Officer 4 years, enlisted for 3 prior. Facing admin sep/officer elimination for misconduct. Submitted a resignation in lieu of spring of 2024 after receirving my GOMAR. In OCT 2024 I was referred to and in the process of MEB. I signed my 199 at 50% DoD and 100% VA as of FEB of 2025. My PEBLO said now we are waiting for HQ to determine what they want to do.

Prior to this around NOV 2024 as I was going through the MEB process I consulted with an JAG attorney on how all of this works. He called me about a week later and said he and the Chief of MJ called HRC and they confirmed that had both my resgination and MEB packet and I should hear something back early to mid Spring of 2025. I asked him how did they have my MEB packet if I am still going through the process he said that they would use the packet that got me into the MEB process.

My quesition is if the attorney correct that they will use the MEB packet that got me into it or since I just signed my 199r now it all goes up to HRC? Essentially I am just trying to weigh my timeline out. It been so long I've been in the process. My misconduct occured back in the summer of 2023.... My mental health is draining, I put my house on the market recently and a job lined up. If I find out that I have to wait another 3+ months...I dont think I'll make it that far. My family and I are all anxious and we just want to move on already. Im tired....

 

[chaplaincharlie]

The process is tiring, The suspense over one's future is real. That said, focus on your family and staying out of further misconduct. Often when mental health is involved the PEB trumps the administrative separation; assuming the misconduct was not felonious.

 

[M.Till123]

The process is tiring, The suspense over one's future is real. That said, focus on your family and staying out of further misconduct. Often when mental health is involved the PEB trumps the administrative separation; assuming the misconduct was not felonious.

Mental Health wasn't my confered retention but I am rated 70% for PTSD thorugh the VA for Combat back in 2012. My misconduct not sure is considered felonious...I never went to jail or charged with a "crime" never had my picture taken. I was under investigation and founded for what I was being accused of unfortuntely.. I'm really stressed and I don't think I can take much more...

 

[JMATTK]

Mental Health wasn't my confered retention but I am rated 70% for PTSD thorugh the VA for Combat back in 2012. My misconduct not sure is considered felonious...I never went to jail or charged with a "crime" never had my picture taken. I was under investigation and founded for what I was being accused of unfortuntely.. I'm really stressed and I don't think I can take much more...

You’re going to have to stay strong. The process takes FOREVER. I went through it. Your packet has to wait for an adhoc board at the DA level. They will review your completed PEB packet and your full military record.

The decision of the board is non-binding though I’ve never heard of a case where the Under Secretary of Defense doesn’t approve the board’s findings.

 

[chaplaincharlie]

You should have a military lawyer to deal with the misconduct elimination proceedings. Be sure your lawyer has access to your PTSD rating from combat. This could swing your service towards medical retirement over elimination.

A 70% ratings is defined as "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships."