WTU acceptance letter 09MAR10, under prescription medication outrage

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servicemember

PEB Forum Regular Member
My bipolar medications were taken from me after my last stay at a mental health inpatient facility, none for drug use. There was a note from the inpatient facility reccomending my meds be regulated, my unit has been making me check in, 0800, 1200, 1700, 2000. To me this has to be violating CSA or HIPPA acts and they are on me since I missed last saturday even and night medications. I have an acceptance letter for WTU for tuesday, and my unit is already enforcing as much punishment as possible. 2 ar-15's in the past 2 weeks (1 summarized, 1 company) all for FTR's by being late because of sleep issues none more than 30 minutes. Can the unit through a field grade or are these justscare tactis against me. I have already recieved my DA 199 to transition out of the army with 30% PDRL. any legal recomendations or thoughts are appreciated.
 
servicemember said:
My bipolar medications were taken from me after my last stay at a mental health inpatient facility, none for drug use. There was a note from the inpatient facility reccomending my meds be regulated, my unit has been making me check in, 0800, 1200, 1700, 2000. To me this has to be violating CSA or HIPPA acts and they are on me since I missed last saturday even and night medications. I have an acceptance letter for WTU for tuesday, and my unit is already enforcing as much punishment as possible. 2 ar-15's in the past 2 weeks (1 summarized, 1 company) all for FTR's by being late because of sleep issues none more than 30 minutes. Can the unit through a field grade or are these justscare tactis against me. I have already recieved my DA 199 to transition out of the army with 30% PDRL. any legal recomendations or thoughts are appreciated.
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I would talk to a military lawyer to see what they recomend. My squadron did the same thing to me with 1 Art 15 and a demotion. So I can feel your pain. After speaking to a lawyer he gave me some good advise as to how to fight this
 
I'm a litty fuzzy on the details. You're medication must be "regulated" so your unit is making you check in at 0800, 1200, 1700 and 2000 for medication purposes? Who do you check into? Your medical information is protected information and as such, very few people have a "need to know" so, if they are making you check into a different person everytime then I could easily see how this could be a violation of your HIPAA rights.

Hang in there. IF you're already going to the PDRL then atleast that is a victory in your corner. Hope all is well and take care!
 
Hey just in case you are still having a problem with this! If you are being med boarded for Psychological medical problems, ie. bipolar..etc. They cant touch you as far as ucmj. They can counsel you all they want. I'm being med boarded for psychological issues and I dont know if its just me in particular, but it's against regulation i think due to the fact that I'm not mentally stable enough to be faced with UCMJ. You have to be cleared stable by a military/military approved psychologist. That's not the exact word for word regulation but....you know how legal is with their specific way of wording stuff. If you want send me a private message and I will give more explaining the "untouchable" I was talking about
 
Be careful with this point. The UCMJ states, "850a. ART. 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY

(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense."

The burden of proof is on the accused to show this by "clear and convincing evidence." This is a high burden to show. On the other hand, if you have a mental disability/defect, it may mitigate your culpability. This would ordinarily result in a lesser punishment, but not a "free pass."
 
Thank you James,
I apologize for not going into detail. I didn't mean to seem as if i was saying you could get away with bad behavior, or saying you get out of jail free card. With me, I take medicine that is a PRN for anxiety and if I have to take it around bed time, im not waking up on time. I'm not held responsible for the sole fact its doctors orders. Also, what I had posted earlier, servicemember, was something I over heard my SFC tell my supervisor. James speaks based on legal facts. Again sorry servicemember if the wrong message was portrayed.
 
Whoops......Correction, Jason, I have no idea where I got James, I even looked at your post before I hit reply!
 
No problem, demonfister....it sounds like your chain is giving you a pass on being late/absent to your appointed place of duty. Sounds like they are being sensible and doing what is right, given your situation. I just wanted to point out that this may not apply to everyone with a mental condition.

A belated welcome! Good to have you here and I hope all goes well for you.
 
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