Exsisting Medical Condition, AWOL, Not dropped from Rolls

[Bigsis2]

What is the name of your state (only U.S. law)? FLORIDA
My brother completed basic training and was in Jump School when he sought medical attention at Ft. Benning. He has Crohn's disease and the physician provided orders (recommendation for medical discharge) for him to give to his Commanding Officer. When he provided the documents, the commanding officer ripped them up.
The next day my brother went AWOL. He has now been AWOL for 2 years. He flew into Oklahoma and turned himself in to Ft. Sills yesterday (Tuesday). Initially, he was told that he could be discharged as early as this Friday. Today, he was told that he is still not dropped from rolls. They said that most likely, he will be sent back to Ft. Benning tomorrow and that it will take between 8 - 10 months.
Why would he not be dropped from rolls yet? He has medical records (unfortunately not from Ft Benning but from previous doctors), indicating that he has a history of this disease. According to Army Reg 40-501, Crohn's Disease is a "disqualifying" ailment. Why would it take so long to process this discharge?
Prior to turning himself in, he spoke with an attorney and was told that they could not help him unless he was court martialed.
Any insight to the process of the discharge, being DFR, etc. is truly appreciated.
Thank you.What is the name of your state (only U.S. law)?

[objetora]

It is not common for someone to not be Dropped From the Rolls after such a long time, but neither is it unheard of. It's hard to explain other than to say that some people fall through the cracks.

At the time of the Commanding Officer tearing up the medical paperwork, your brother could have filed an Article 138 complaint, but the time for that has long passed.

If he is now being processed for the medical discharge, the basic procedure is this:

1. A military doctor refers the case to a Medical Evaluation Board (MEB). The Commanding Officer's permission is not required.
2. If the MEB decides the case has merit, it is passed on to a Physical Evaluation Board (PEB).
3. If the PEB decides that he is disabled, then it goes for final approval.

This process can easily take 8-10 months, that would not be very unusual.

On the other hand, he now has an AWOL on his record. While the fact that he went AWOL is not in doubt, if they are going to court-martial him for that, it usually helps to have documentation of "mitigating circumstances", that is an explanation (not a justification, that is, no matter what, AWOL is a crime) of why he went AWOL, including the offense committed by the Commanding Officer. The attorney is correct: there's nothing an attorney can do until or if your brother gets anything more than a summary court-martial (which is not too likely).

If your brother has further problems with the medical discharge (if he's getting one) or needs more clarification of the procedures, the assistance of a counselor (not attorney) on the GI Rights Hotline can help (for example, guidance with the MEB and PEB).

[ERAUPIKE]

Originally Posted by Bigsis2

When he provided the documents, the commanding officer ripped them up.

This statement is absolutely not true. Your brother lied to you.

[Bigsis2]

This statement is absolutley true. What makes your think something like this is impossible? What beautiful little place do you live in where people do not behave in such a manner? I want to come and live with you.

[Bigsis2]

Thank you for your insight. I appreciate the information.

[ERAUPIKE]

Originally Posted by Bigsis2

This statement is absolutley true. What makes your think something like this is impossible? What beautiful little place do you live in where people do not behave in such a manner? I want to come and live with you.

I live in a place called reality, where I don't believe every little story people tell me. Especially one so littered with exaggerations and fallacies. A single doctor does not provide the recomendation for a medical discharge to the service member as a set of orders. That process is overtaken by a medical board that will also decide on the percentage of disability to be awarded. This process can take months or even years. This is probably what your brother didn't like.

Let me tell you what is more likely to have happened. Your brother was diagnosed with a disease and thought he should be allowed to leave. This didn't happen so he ran away and made up the commanding officer story. There were no mitigating circumstances and he has effectively robbed himself of hundreds of thousands of dollars. If he had received 100% disability he could have not had to work for the rest of his life and received free medical care for his illness. Now he gets nothing because he will not get a medical discharge.

The attorney was not correct, your brother does have the ability to have council present at any military hearing. It should be noted that the officer overseeing the proceeding is under no obligation to let the council in the room.

[objetora]

ERAUPIKE makes a good point, even if it could have been made in a more helpful way: your original post said that the "physician provided orders (recommendation for medical discharge) for him to give to his Commanding Officer." There's a difference between "referral" and "recommendation" that's important here (or at least it was important in the original incident):
1. Processing for a disability discharge starts with a "referral" of the case to an MEB, not a "recommendation" to the Commanding Officer.
2. A doctor may "recommend" discharge but that recommendation is not for a disability discharge, but some other kind of discharge (for example, Entry Level Separation or Other Designated Physical and Mental Conditions) that is up to the Commanding Officer.

You are correct that Crohn's disease, if not responding to treatment, is grounds for referral to an MEB. On the other hand, it may have been responding to treatment. Or, sometimes doctors will "recommend" discharge instead of "referring" the case to an MEB; sometimes the GIs even prefer that because disability discharges do take so long and other discharges can be processed much more quickly.

So while I doubt that what your brother said was a lie, it - or your interpretation of it - has confused elements.

None of this may matter much at this point, but it may help you to understand the situation better or clarify it with your brother.