AdSep for misconduct trumps medical???

[usmcleader]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA

I am active duty with 17.10 years of continuous service. Was pending formal Physical Evaluation Board after the Informal process found me unfit and rated my disability at 10%.

When I requested the formal PEB, my command convened and administrative separations board for alleged "pattern of misconduct."

I requested reasonable continuance (five days) to allow my civilian counsel ro return from out of state and represent me at the AdSep hearing. That request was denied.

Board commenced in absence of my civilian counsel. I did have military counsel (one of three defense counsel for a major installation with population of 40,000+ and combined defense section caseload of 200+).

I have documented diagnosed medical conditions directly attributed to my behaviors deemed as "misconduct."

Continuance to allow doctors testimony to explain medical diagnoses denied; no military doctors available/willing to testify on hearing date. Government objected (sustained) to a medical doctor located at the 11th hour who was qualified and willing to explain the diagnoses.

Board members and convening authority considered medical evidence non-contributory to the misconduct and I have been proccessed for an immediate discharge which will occur in the next few days.

The medical conditions are: Major Depressive Disorder, Vestibular Dysfuntion (form of brain damage), and Mild Cognitive Impairment. There were 22 diagnoses in all. The conditions were caused by an ototoxin called Mefloquine (anti-malaria drug).

Do I have any grounds to take legal action to prevent this discharge from taking place?

If so, what actions are reasonable within a 48 hours window to discharge?

Will I be allowed to complete the FPEB proccess under the law?

Thanks.

PS: Prior to becoming sick (and a discipline case), I was the top performer and go-to guy in my career field; volunteered for every assignment, school, deployment, etc. ... never said "no" to military needs, lived in 12 houses through a 15 year window of assignment/deployments.

And I am still motivated and want to stay, get treatment, rehab, etc., and continue the fight despite the obscene treatmeant we have endured by a small group of "pouges" in the chain-of-command.

 

[thepizzaguy]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA

I am active duty with 17.10 years of continuous service. Was pending formal Physical Evaluation Board after the Informal process found me unfit and rated my disability at 10%.

When I requested the formal PEB, my command convened and administrative separations board for alleged "pattern of misconduct."

I requested reasonable continuance (five days) to allow my civilian counsel ro return from out of state and represent me at the AdSep hearing. That request was denied.

Board commenced in absence of my civilian counsel. I did have military counsel (one of three defense counsel for a major installation with population of 40,000+ and combined defense section caseload of 200+).

I have documented diagnosed medical conditions directly attributed to my behaviors deemed as "misconduct."

Continuance to allow doctors testimony to explain medical diagnoses denied; no military doctors available/willing to testify on hearing date. Government objected (sustained) to a medical doctor located at the 11th hour who was qualified and willing to explain the diagnoses.

Board members and convening authority considered medical evidence non-contributory to the misconduct and I have been proccessed for an immediate discharge which will occur in the next few days.

The medical conditions are: Major Depressive Disorder, Vestibular Dysfuntion (form of brain damage), and Mild Cognitive Impairment. There were 22 diagnoses in all. The conditions were caused by an ototoxin called Mefloquine (anti-malaria drug).

Do I have any grounds to take legal action to prevent this discharge from taking place?

If so, what actions are reasonable within a 48 hours window to discharge?

Will I be allowed to complete the FPEB proccess under the law?

Thanks.

calling doctor pelt.

 

[BelizeBreeze]

I suggest you read DAVID A. REBOSKY v. the United States and I'll see if BadApple can answer you.

He's the Military appeals expert.

 

[usmcleader]

reply

If anyone can offer advice on my situation ... I think I am in a 72 hour window from this discharge taking place.

I thought I could ask for relief under Article 138 because the CG who endorsed the board reccomendation clearly denied "reasonable" right to civilian counsel, but I looked at the JAG Manual and found that doing that is not allowed.

I'm at a loss for what can be done.

 

[BelizeBreeze]

If anyone can offer advice on my situation ... I think I am in a 72 hour window from this discharge taking place.

I thought I could ask for relief under Article 138 because the CG who endorsed the board reccomendation clearly denied "reasonable" right to civilian counsel, but I looked at the JAG Manual and found that doing that is not allowed.

I'm at a loss for what can be done.

Did you read the case I cited? While you may not have recourse at this moment, you DO have appeal rights. While the case does not help you, it shows you what MAY be possible regarding your situation.

 

[rmet4nzkx]

Can you provide more info re the nature of the misconduct and how that relates to your vertigo? Was the Rx required due to the military service, when? What is/were your MOS's any history of military/civilian related head injuries or MVA'a, illnesses? What Rx have you taken?

Here are a list of attornies from one of Badapple's posts

Let me give you a short list:

1. Charles Gittens

Law Offices of Charles W. Gittins
P.O. Box 144
Middletown, VA 22645
phone: 540-868-0949
fax: 540-868-0976
eMail: [email protected]

2. Frank Spinner

Law Offices of Frank J. Spinner
7035 Campus Drive, Suite 904
Colorado Springs, Colorado 80920
phone: (719) 598-6494

3. David Sheldon

Law Offices of David P. Sheldon
Barracks Row, 512 8th Street, S.E.
Washington, D.C. 20003
Tel (202) 546-9575
Toll free (866) 546-9575
Fax (202) 546-0135

Charles Gittens and Frank Spinner have been known to take cases where there has been an injustice and represent the client for free. I doubt you'll be looking at that here, but you may want to call them and see.

This thread has Badapple's email addy: https://forum.freeadvice.com/showthread.php?t=250470
[email protected]

 

[usmcleader]

misconduct

Misconduct alleged and used in the discharge effort is:

1. UA for checking myself into hospital (2wks as inpatient)
2. Failing to obey order to clear out my desk
3. Failing to keep spouse's POV insurance current (renewed within 12 hours of discovery. Stopped on base at 2100 on a Sunday, renewed very next morning at 0930. Still resulted in 6105 entry six weeks later)
4. Insubordination/disrespect to officers x2; (a) refused to sign an informal counseling sheet issued by my 2nd Lt; (b) refusing to answer questions when interrogated for UCMJ violation related to MPO
5. Article 15 (a) violating MPO; (b) disrespect from 4 (b) above
6. Family Advocacy and command allegeations of emotional spouse abuse (100% false accusation done without my wife's knowledge or concurrance. Spouse abuse not sustained in AdSep board as my wife testified it was a false accusation by FAP)

 

[rmet4nzkx]

You didn't answer all my questions, did you try to call any of the attorneys I posted or email badapple?

Is the accustion of DV what caused the AdSep?
Was there any alcohol involved?
What kind of hospital did you check yourself into, for what?
I am still trying to understand the relationship to vertigo and/or the Malaria Rx and how that is supposed to mitigate these charges even if you could find a doctor to testify?
Please answer the question about MVA, head injuries.

 

[usmcleader]

answers

Is the accustion of DV what caused the AdSep? No, board voted 2-1 agaisnt the family advocacy allegations, never any DV, just an allegation of "emotional abuse."

Was there any alcohol involved? No

What kind of hospital did you check yourself into, for what? Navy. Paranoia, feeling unsafe

I am still trying to understand the relationship to vertigo and/or the Malaria Rx and how that is supposed to mitigate these charges even if you could find a doctor to testify? Damage to vestibular system includes a laundry list of psych and behavior symptoms.

Please answer the question about MVA, head injuries. Don't know what MVA is, no head injuries involved

 

[rmet4nzkx]

Is the accustion of DV what caused the AdSep? No, board voted 2-1 agaisnt the family advocacy allegations, never any DV, just an allegation of "emotional abuse."

DV can include emotional abuse

Was there any alcohol involved? No
You have never consumed alcohol?

What kind of hospital did you check yourself into, for what? Navy. Paranoia, feeling unsafe
Navy hosp in Virginia or CA, or a VA hopsital? Was the paranoia because you were dizzy? DO you also have low BP?

I am still trying to understand the relationship to vertigo and/or the Malaria Rx and how that is supposed to mitigate these charges even if you could find a doctor to testify? Damage to vestibular system includes a laundry list of psych and behavior symptoms.
I know, I am a neuroscientist, that is why I am asking these questions, you need to be able to answer these questions.

Please answer the question about MVA, head injuries. Don't know what MVA is, no head injuries involved

MVA=Motor Vehicle Accident, Head injuries can be any time in your life, also whiplash, hitting your head when falling and or non impact injuries involving repeated impacts like operating a jack hammer, that is why I asked your MOS? Do you have low bp or get dehydrated?

Did you call any of the attorneys?

 

[usmcleader]

reply

Originally Posted by usmcleader
Is the accustion of DV what caused the AdSep? No, board voted 2-1 agaisnt the family advocacy allegations, never any DV, just an allegation of "emotional abuse."

DV can include emotional abuse Did not know that applied

Was there any alcohol involved? No
You have never consumed alcohol? Yes, screened twice by SARP. No involvement.

What kind of hospital did you check yourself into, for what? Navy. Paranoia, feeling unsafe
Navy hosp in Virginia or CA, or a VA hopsital? CA Balboa. Was the paranoia because you were dizzy? Afraid of myself and my command and what they had/have planned to hurt me DO you also have low BP? no

I am still trying to understand the relationship to vertigo and/or the Malaria Rx and how that is supposed to mitigate these charges even if you could find a doctor to testify? Damage to vestibular system includes a laundry list of psych and behavior symptoms.
I know, I am a neuroscientist, that is why I am asking these questions, you need to be able to answer these questions.

Please answer the question about MVA, head injuries. Don't know what MVA is, no head injuries involved
MVA=Motor Vehicle Accident, Head injuries can be any time in your life, also whiplash, hitting your head when falling and or non impact injuries involving repeated impacts like operating a jack hammer, that is why I asked your MOS? no MVA, minor cuncussion at age 11, MOS is combat corresponent. Do you have low bp or get dehydrated? No

Did you call any of the attorneys? No, I am trying to raise funds for an attorney.

 

[usmcleader]

thanks

Sorry, and thanks for the time you've taken to offer advice; not just to me but to all who post here.

It seems there are some good people here who try to help.

 

[usmcleader]

questions

Do I have any grounds to take legal action to prevent this discharge from taking place?

If so, what actions are reasonable within a 48 hours window to discharge?

Will I be allowed to complete the FPEB proccess under the law

 

[rmet4nzkx]

Do I have any grounds to take legal action to prevent this discharge from taking place?

If so, what actions are reasonable within a 48 hours window to discharge?

Will I be allowed to complete the FPEB proccess under the law

You don't have time to raise money, Please call all 3 of those attorneys today!!!
and email badapple, you can at least talk to them and they might have some idea what you can do to delay. Start with the one in CO you might catch him, leave messages for the others and call 1st in am.
Report back when you are done.

 

[usmcleader]

lima charlie

Lima charlie