Article 86 appeal with recent medical diagnosis

[NJSailor]

I have a question concerning what options are available to me at this time. Please keep in mind that during this time until Sep 24 2015 i was in an out patient program for my depressive disorder. On Aug 1 2015 I went to NJP for article 86 absence without leave, speaking at the NJP I expressed how I felt my absences were a medical condition. CO decided on 1/2 pay for 2 months, suspended for 6 months. On 25 Sep 2015 there was a change of command and we received a new CO. Fast forward a little, and on Sep 28 2015 I was absent agian from morning muster. Due to this tardyness the Captain vacated to suspension on Oct 08 15 to take effect and sent to PSD on Oct 18 2015. And now very recently on Oct 15 2015 my suspicions were confirmed, I was diagnosed as having narcolepsy without cataplexy (which I do know is a disqualifier from military service). After receiving this diagnoses I routed it up to the Capt as proof that my past absences were the cause of this condition. However, today after reaching out to the CO'S JAG asking for verification that the CO had received my documents and if there had been a decision made (only military lawyer we have at our base as it is so small) he informed the Capt had received the paperwork but had ultimately chose to continue with vacating the suspension. I have a wife and 2 children and am going to find it VERY hard living on half my pay for 2 months. Any insight or ideas for options I may have available.

 

[Silverplum]

The responders in this section are slowpokes () and so they need more time to answer your question/s.

Regardless, thank you for your service to our country.

ETA: IF you give the name of your state, I could google up some temporary cash assistance info for you.

 

[NJSailor]

The responders in this section are slowpokes () and so they need more time to answer your question/s.

Regardless, thank you for your service to our country.

ETA: IF you give the name of your state, I could google up some temporary cash assistance info for you.

I was wondering if I was going to get any responses lol. Currently I am stationed in Lakehurst, NJ. Family has wic and is fighting for food stamps at the moment.

 

[Silverplum]

I was wondering if I was going to get any responses lol. Currently I am stationed in Lakehurst, NJ. Family has wic and is fighting for food stamps at the moment.

Here's a page with lots of links and info on assistance in your county in NJ: http://www.needhelppayingbills.com/html/ocean_county_assistance_progra.html

God bless y'all.

 

[drruthless]

I have a question concerning what options are available to me at this time. Please keep in mind that during this time until Sep 24 2015 i was in an out patient program for my depressive disorder. On Aug 1 2015 I went to NJP for article 86 absence without leave, speaking at the NJP I expressed how I felt my absences were a medical condition. CO decided on 1/2 pay for 2 months, suspended for 6 months. On 25 Sep 2015 there was a change of command and we received a new CO. Fast forward a little, and on Sep 28 2015 I was absent agian from morning muster. Due to this tardyness the Captain vacated to suspension on Oct 08 15 to take effect and sent to PSD on Oct 18 2015. And now very recently on Oct 15 2015 my suspicions were confirmed, I was diagnosed as having narcolepsy without cataplexy (which I do know is a disqualifier from military service). After receiving this diagnoses I routed it up to the Capt as proof that my past absences were the cause of this condition. However, today after reaching out to the CO'S JAG asking for verification that the CO had received my documents and if there had been a decision made (only military lawyer we have at our base as it is so small) he informed the Capt had received the paperwork but had ultimately chose to continue with vacating the suspension. I have a wife and 2 children and am going to find it VERY hard living on half my pay for 2 months. Any insight or ideas for options I may have available.

Options? Well, at the rate you are going you're running out of them.
First off has a Dr. put a valid medical profile in your records explaining how you feel you have a depressive disorder and narcolepsy without cataplexy so it's not your fault it's your medical condition that prevented you from showing up for muster on time and why you should be able can come and go as you please..
Tried that? the Doc wouldn't go for it?
Bummer dude...
The ones I feel the sorriest for is your wife and two kids. If worst comes to worst you'll have a roof over your head with three hots and a cot, and a general discharge.

Them? maybe they'll find a woman's shelter that will take them in.
You might try the base Chaplin maybe he can help, if he doesn't throw your malingering ass out the door first.
Good luck.

..______________________
~ It is said necessity is the mother of all inventions.
I've found poverty to be more inspiring. ~ drr

 

[Zigner]

Options?

Your response is way out of line.

 

[NJSailor]

Options? Well, at the rate you are going you're running out of them.
First off has a Dr. put a valid medical profile in your records explaining how you feel you have a depressive disorder and narcolepsy without cataplexy so it's not your fault it's your medical condition that prevented you from showing up for muster on time and why you should be able can come and go as you please..
Tried that? the Doc wouldn't go for it?
Bummer dude...
The ones I feel the sorriest for is your wife and two kids. If worst comes to worst you'll have a roof over your head with three hots and a cot, and a general discharge.

Them? maybe they'll find a woman's shelter that will take them in.
You might try the base Chaplin maybe he can help, if he doesn't throw your malingering ass out the door first.

Malingering, really. As in a volatile in the ucmj, yeah don't think so. As for giving the narcolepsy diagnosis to my dr. That I am doing tomorrow. Earliest appointment after I got my diagnosis was 2 weeks out. They may start a madboard, they may not, that part is up in the air. However I can tell you my conditions are real and it ****ing sucks. ONLY thing I can agree with you on is yes I am running out of options.

 

[NJSailor]

Update: Just spoke with the base clinic, only thing the dr is able to do is an LLD chit, and that she will talk to her PEB contact to see what to do about my condition.

 

[drruthless]

Pass the salt please, I have crow to eat

Ok, maybe I was a little harsh,
I did not mean to minimize your situation.
The military by default is depressing and only recently are they beginning to address the problem of P.T.S D. What do you do with a bunch of happy campers who don't want to stop bullets and fight a war?
I spent three years and ten months depressed.
You've received some really good advise from the others. It's a long road you've chosen and it's likely to get worse before it gets better.
You should really think it through. I hated the ARMY as much as anyone could but I learned to USE the system instead of fighting it. In spite of it all the military does take care of its own.
how they take care of you
....well it's better than nothing.
Hell, I even got me a brand new leg curtsies of the Army.

Anyway, good luck and keep in touch.
Remember you are not alone.
Oh, one more option you might want to consider don't be late for Muster!
Get with the program!!
Until the day you can give em the finger,
they own you....and can make your life very ...depressing.

..__________________________
~ Picture this if you will..
Two aliens were on their way home from work one day when one turns to the other and says, let's go down and muck with the apes on earth again, it sure was a hoot last time we did wasn't?
besides, what could go wrong?

 

[NJSailor]

Ok, maybe I was a little harsh,
I did not mean to minimize your situation.
The military by default is depressing and only recently are they beginning to address the problem of P.T.S D. What do you do with a bunch of happy campers who don't want to stop bullets and fight a war?
I spent three years and ten months depressed.
You've received some really good advise from the others. It's a long road you've chosen and it's likely to get worse before it gets better.
You should really think it through. I hated the ARMY as much as anyone could but I learned to USE the system instead of fighting it. In spite of it all the military does take care of its own.
how they take care of you
....well it's better than nothing.
Hell, I even got me a brand new leg curtsies of the Army.

Anyway, good luck and keep in touch.
Remember you are not alone.
Oh, one more option you might want to consider don't be late for Muster!
Get with the program!!
Until the day you can give em the finger,
they own you....and can make your life very ...depressing.

..__________________________
~ Picture this if you will..
Two aliens were on their way home from work one day when one turns to the other and says, let's go down and muck with the apes on earth again, it sure was a hoot last time we did wasn't?
besides, what could go wrong?

But isn't the narcolepsy by itself a military disqualifier? Any and everything I can find the member is normally medically retired. Idk...kind at the end of my rope here, how can my CO think it is ok to punish a sailor for something that was and is a medical condition.

 

[Shadowbunny]

I have a feeling that your lateness is viewed by the new CO as being in your control. Because while it's true that the narcolepsy causes excessive sleepiness, he probably feels that with some effort on your part, you could at least show up to work on time.

If you KNOW you have a problem getting up, you set half a dozen alarms and ask your wife to help you get up. Because it is THAT important. Or, at least, it should have been.

Until the Dx is noted in a permanent profile (and part of the profile specifically deals with showing up to work on time), you need to do everything legally possible to get your butt to work on time.