Show Cause Board and MEB proceedings

ArmyCPT07

PEB Forum Regular Member
Registered Member
Hello everyone, I am looking for advice on my current situation

Last October I received a GOMOR for being black out drunk at our Brigade ball and making a sexually Lewd comment to a senior NCO's date. I was given an administrative GOMOR in my OMPF. Since then I have completed ASAP, gone to AA, and done marriage counseling. I have been retained and have not been notified of a show cause board yet. I was able to finish command and was given a middle of the road OER. This year is my Below the Zone look for Major so I am fully anticipating a Show Cause Board. I understand during the board they look for officers to recommend for show cause. My BZ board starts in July.

In January I had to undergo surgery on my left foot due to arthritic pain and loss of cartilage. I was planning on getting this Surgery after command long before this event happened as I could barley walk most days and I understood it would end my career. I have been in the Infantry for 13 years.They fused my foot together completely leaving me only minimal up and down movement and have two plates in my foot. I have been accepted into the MEB processes on my wife's advice since I just wanted to REFRAD. The process should take about 6-9 months.

My question may be kind of implied but should I expect a show cause board and if so, based on anyone's experience, what are the chances of me being able to fight it and be able to medically retire? i understand a administrative separation supersedes a MED Board. I have deployed 3 times as an Infantry Officer, I have had outstanding OERs until this event happened. I have done everything the Army has asked of me, I just don't want this mistake to ruin everything.

Any advice or personal experience would be greatly appreciated


V/R

CPT07
 
MEB/PEB takes precedence unless the separation can carry an UOTHC discharge.
 
Appreciate the information

Captain, if I were you, I'd perform your due diligence and read AR 600-8-24 Officer Transfers and Discharges. Page eight pertains to your query.

1–24. Referral for physical disability evaluation

If a commissioned or warrant officer is being processed for REFRAD, separation, or retirement or has been referred for elimination action, when it is determined that the officer has a medical impairment that does not meet medical retention standards, the officer will be processed as set forth in paragraphs a, through d, below.

a. A commissioned or warrant officer under investigation for an offense chargeable under the Uniform Code of Military Justice (UCMJ) that could result in dismissal or punitive discharge may not be referred for or continue disability processing unless—

(1) The investigation ends without charges.
(2) The commander exercising proper court-martial jurisdiction dismisses the charges.
(3) The commander exercising proper court-martial jurisdiction refers the charge for trial to a court-martial that cannot adjudge such a sentence.
b. When a commissioned or warrant officer, as applicable, is being processed for one of the actions listed in (1) through (5), below, the officer will be processed in accordance with the provisions of this regulation and through the MEB/PEB system. If the result of the physical disability evaluation is a finding of physical fitness, the Army Physical Disability Agency will approve the findings for the Secretary of the Army and forward the proceedings to CDR, HRC–Alexandria (AHRC–OPD–A), to be processed with the other action.

If a physical disability evaluation results in a finding of physical unfitness, both actions will be forwarded by CG, HRC–Alexandria (AHRC–OPD–A), to the Secretary of the Army or his designee for determination of appropriate disposition.

(1) Referral to the DAADB except when the DAADB is convened as a result of an imposed reduction in force. (2) Involuntary REFRAD due to civil conviction or moral turpitude.
(3) Resignation for the good of the service.
(4) Referral for elimination under chapter 4.
(5) Request for separation, resignation, or retirement in lieu of elimination.

c. When a physical disability evaluation of an officer processed for separation or retirement for the reasons indicated above results in a finding of unfitness and a recommendation that the officer be placed on the Temporary Disability Retirement List (TDRL), the Secretary of the Army or his designee may direct that the officer be placed on the TDRL with the provision that if the officer is later removed in due course from the TDRL for disability separation or retirement, the officer is to be retired, but if the officer is later removed in due course from the TDRL because he is found fit, the officer is to be separated from the service, effective on the date of the officer’s removal from the TDRL with a specified characterization of discharge. As in the case of an officer processed for separation or retirement for the reasons indicated above whose physical disability evaluation results in a finding of unfitness and a recommendation that the officer be separated or permanently retired, the Secretary of the Army or his designee may direct that either the separation or retirement action under this regulation or the disability action take precedence.

d. When an officer is processed for separation or retirement for reasons other than those indicated above, physical disability takes precedence if the officer is retained with consent. The procedures in paragraph 1–22 will be followed. e. Officers previously determined physically unfit and continued on AD under AR 635–40 must be referred for disability evaluations at final retirement or separation.

In short, final approval is up to the Secretary of the Army.
 
I appreciate it. Reading through this is looks like I will be able to medically retire as I did not receive charges for my actions just the letter of reprimand. It states in the letter of reprimand that I am not charged under UCMJ and the commanding general did not initiate a show cause board. I also have been told that if a show cause board is initiated from HRC it means I am facing an Other than Honorable discharge. I think I can confidently say that I am not facing an other than honorable discharge. Thanks again
 
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