• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Admin Sep

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Dagger123

Junior Member
Virginia

I have been in the Navy for over 16 years. In 1991, I was diagnosed with Idiopathic Anaphylaxis. Everything was fine until I was stationed on my last ship. Due to a few allergy attacks, I was removed from the ship and placed on LIMDU. I had a PEB board and was found Unfit. I desperately wanted to stay in and fought the results. The board reconsidered and found me fit to continue on active duty. I had to have a sea duty screening but failed it due to a letter from the allergist. My current command sent out an assignment-limited message and BUPERS came back with Unsuitable for Operational Duty and ordered an Admin Sep. My command has done everything they could to keep me assigned there and even sent messages and letters to BUPERS asking them to reconsider. All of this has been in vain. My SPD code is HFV and my RE code is RE-3G. All I want is to be able to retire at 20 years or a medical retirement. I've contacted my congressman, and am waiting to see what happens. I've done everything I could think of to remain in the Navy. Is there anything else I can do or is this the end of my career? Any assistance is greatly appreciated.
 
Last edited:


rmet4nzkx

Senior Member
I'm not an expert in Military law, Badapple40 is an hopefully will respond, but I'm looking at thia from a forensic point of view.

There is not enough informaiton to make a determinaiton so I will ask some quesitons and make some assumptions.

What is the date of your discharge?

Have you applied to the reserves or asked for a waiver?

What was your MOS?

Describe your condition and any known triggers or when it doesn't happen?

Are you on medication?

Do you or your family have a hisotry of any chronic medical condition?

Do you have any known adverse drug reactions?

HFT - Unqualifird for Active Duty - Other RE-3G- Condition (not physical disability) interfering with performance of duty.

What I see as your problem is that you are high risk of death for unknown reasons, either medically related, psychologically related, malingering or an combination there of. Since they made you RE-3G they are not seeing it as disability related which opens up another can of worms, so until you figure out what causes your reaction, they are unlikely to assign you to active duty, that is why I asked re the reserves to finish out your military career. It looks as if you have started the process, now is time to go to the next step. I may have more suggesitons with more informaiton.

http://www.ig.navy.mil/Complaints%20%20(Reenlistment%20Codes).htm

How do I change a reenlistment code?

You must first submit your request to change a reenlistment code to BUPERS (PERS-254).

Following a response from BUPERS and depending on how long you have been discharged from the Naval service, submit a request to change the RE code by writing to the Board for Correction of Naval Records.
 

Dagger123

Junior Member
Thanks for the reply. Now let's get to your questions.

1. I'm still active duty. However, my separation date is Jan. 26.
2. I went to the air reserves office, but they can't do anything until I'm separated.
3. I'm an SK1 (Storekeeper First Class).
4. The doctors aren't sure what the triggers are. I've had all sorts of tests done, but they really can't pinpoint exactly what it is. They know it has something to do with food. They just don't know what though.
5. I take Benadryl when I feel an attack coming on. But I always carry an Epi-Pen.
6. Nobody in my family has had this or any other type of allergies. I didn't have this before I came in.
7. I haven't had any problems with any of the medications that have been perscribed.

Actually, my SPD is HFV not HFT.
HFV=A condition, not a physical disability, interferes with performance of duty.

I don't mind finishing out my career in the reserves. I'm just not particularly happy with the way the Navy has been treating me. I gave them over 16 years of my life, and they won't provide me medical, dental, or even commissary priviledges. It's kind of screwed up when the Navy won't take any responsibility. It might not be their fault that I have this but, like I said, I didn't have it before I came in. I think they should at least grant me a medical retirement.

I've heard that it's next to impossible to have any records changed. I know of someone who submitted a request over 8 months ago and still hasn't heard anything. Supposedly, they're supposed to respond in less that 3 months.
 

rmet4nzkx

Senior Member
Sorry about that HFV and HFT are the same "other" code, your problem is the RE-3G code because that doesn't indicate a disability. You need to be qualified as having a disability. Here is a link to the IG site again re worker's comp, since this didn't happen until you were in the Navy, you might try this, although it is tricky, What were you handling when all this started 6 mos prior?
http://www.ig.navy.mil/Complaints%20%20(worker's%20comp).htm
Have you ever taken Sulfa medications?
Do you drink wine? Eat dried fruits? Smoke? Take any vitamins or supplements? Your hypersensitivity may cause you to avoid silent but deadly environmental toxins.
Have you appealed or contacted JAG re this? If you can get this service related that may help.
 

Dagger123

Junior Member
Six months ago I was working with my current command on sending out messages and letters asking them to keep me where I was. I was also talking to the detailer about going overseas for a few years instead of going to a ship. Apparently, BUPERS doesn't listen to any recommendations except the ones to kick someone out. I also went to the DAV to work on my claim to the VA. It looks like the DAV considers it service-related.

The only thing a JAG would help me with is an Admin Board. The JAG I talked said that it would probably be a waste of time. The board could only recommend that the Navy keep me in. More often than not, BUPERS would still refuse the recommendation.

The people I talked to at the reserve center said that it shouldn't be a problem to get me in. Of course I'd have to get a waiver, but that shouldn't be a problem.

I contacted my congressman and asked him if he could assist me in getting the Navy to reconsider. I would settle for a medical retirement if they won't reconsider.
 

rmet4nzkx

Senior Member
I don't mean what you have been doing in tha last 6 months, but the 6 months before you were diagnosed with, Idiopathic Anaphylaxis. Were you involved in the gulf war? Did you get an Anthrax shot? Where have you been deployed, on whay types of ships? I would be cautious about DVA because they tend to downgrade your level of disability rather than upgrade it. Have you appealed to your senator or the SecNav?
 

Dagger123

Junior Member
I was in the gulf, but this was after the war. We did get shots, but I don't recall getting an Anthrax shot. This was something someone else mentioned. What would I do to have another doctor investigate it? I seriously doubt a military doctor would look or even care. A civilian doctor is expensive and since I won't have any health insurance once I get out, that could probably be ruled out.

The only way I would have any sort of medical coverage is through the VA. If they can't help, then what's the point? The military kicked me out and doesn't even want to help. It looks as though I wasted 16 years of my life.
 

rmet4nzkx

Senior Member
It must be Gulf War Syndrome, anthrax and or a combination of immunizations. It would be after the Gulf war and not required direct exposure, remember you were exposed to a lot of things that passed through your ships stores, these things can accumulate. Contact Revised by CAPT J.E. Murnane III, MC, USN, Allergy/Immunology Specialty Leader, Allergy/Immunology Clinic, Naval Medical Center Portsmouth, Portsmouth, VA (1999). He may not be there anylonger but he wrote the immune section on the Navy clinical manual, if he can't help, perhaps he can get to the bottom of it or even point you in the right direction. Since you are in VA you should be able to reach him, perhaps you have already dealt with him?
 

Dagger123

Junior Member
I dealt with Capt. Murnane in the mid to late 90s. He was the first allergist I saw. I doubt that he's still there, but I can check with the military locator and see if he's in it. If this can be pinpointed to Gulf War Syndrome or something along those lines, what can I do about it? I wouldn't be able to get anything done until I'm out of the Navy. By then, it would probably be too late.
 

rmet4nzkx

Senior Member
A lot of things have happened since then, they also recognize that the Anthrax shots are problematic and a lot of people were exposed to environmental toxins/chemical warfare and didn't know it. If he's not there maybe someone else can help you, you might check with some GI rights groups about it possibly the VA can do something. Keep us updated. I'll keep searching.
 

Dagger123

Junior Member
You've definitely given me a few avenues that I can persue. Since I will probably be discharged before I could really accomplish anything with this, the VA and a GI rights group would be the best way to go. I really appreciate your assistance.
 

rmet4nzkx

Senior Member
Dagger123 said:
You've definitely given me a few avenues that I can persue. Since I will probably be discharged before I could really accomplish anything with this, the VA and a GI rights group would be the best way to go. I really appreciate your assistance.
I wish I could help you more, as I said Badapple40 might be able to help, If I had more info I might be able to figure out what happened, most likely the clues are in your medical records, Immune related disorders can take years to figure out, very complex. But for you the timing points to Gulf War and or immunizations and exposure on the job.
You can do a search but here is a site that may help and has an 800 #
http://www.gulfweb.org/bigdoc/selfhelp.cfm

Be sure to get a copy of all your medical records.
 

Dagger123

Junior Member
I have 3 copies of my medical record. Like I said earlier though, a military doctor probably won't discuss it or won't even care. That site you provided is definitely a start. I'm also going to contact my congressman and tell him about this. Thanks again for your help. I'll keep you updated on what's going on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top