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AdSep for misconduct trumps medical???

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T

thepizzaguy

Guest
usmcleader said:
Pending devine intervention, I will be discharged Thursday.
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Listen you need a lawyer ASAP. Call the numbers and forget about how your gonna pay for it. Military attorneys are well aware that ain't nobody gettin rich off the military. They are generaly "ham 'n eggers". NOT the kind of lawyer your gonna find in a John Grisham novel. Military lawyers know dam well from the get go there not gonna get much richer than the military clients they represent CALL THE NUMBERS. Don't get discharged with out going down kicking and screaming.. GL and Semper Fi
 
U

usmcleader

Member
response

Yes, called all three. Mr Grittins said nothing can be reasonably done in a 48 hour window.

I am about out of gas and thinking I just need to move on and close this chapter. I'd be happy to kick & scream, but to who? Myself?

DoD is a ten-headed dragon when it wants to be and you need BIG money to survive something like what I'm facing.

17 years, ten months ... most of it was great.

I'm very grateful for the good; sad and disgusted for the bad.

I can tell you that the Corps I joined is not the Corps I am leaving.
 
T

thepizzaguy

Guest
usmcleader said:
Yes, called all three. Mr Grittins said nothing can be reasonably done in a 48 hour window.

I am about out of gas and thinking I just need to move on and close this chapter. I'd be happy to kick & scream, but to who? Myself?

DoD is a ten-headed dragon when it wants to be and you need BIG money to survive something like what I'm facing.

17 years, ten months ... most of it was great.

I'm very grateful for the good; sad and disgusted for the bad.

I can tell you that the Corps I joined is not the Corps I am leaving.
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Alright maybe it is to late.. I've seen stuff like this happen when I was in the Corp. Back in the 80's when it was peace time. If a Staff SGT was not up to snuff physicaly they would have him paint rocks in front of the HQ. I mean right in front of non rates and NCOs I saw a Captain get screwed on his DD214. Sometimes they just gang up on you and thats it your screwed. If I where you I would keep fighting this post discharge if you can. I wish you had gotten a lawyer earlier. again calling Mr. Pelt
 
B

badapple40

Senior Member
The only advice I can offer at this point is to try to continue the discharge proceedings, for reason of civilian counsel appearance. Put it in writing. Start getting ready for the records correction process (again, contact civilian counsel).
 
R

rmet4nzkx

Senior Member
usmcleader said:
Re-4 is my code ... thanks to all who helped me via this site. Will say hello again when I am civilian.
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As Badpple said, make a written motion to continue for civilian counsel, prepare to appeal to the Naval Discharge Review Board (NDRB) to upgrade your discharge. This site may help you
http://hqinet001.hqmc.usmc.mil/ig/Complaints%20(D-F).htm
Semper Fi!
 
U

usmcleader

Member
SecNav review prior to AdSep?

Does anyone know if there is a requirement for a SeNav reveiw prior to discharge on grounds of "pattern of misconduct?"

If yes, how would I verify that SecNav approved discharge prior to my command to sign my discharge paperwork?
 
R

rmet4nzkx

Senior Member
usmcleader said:
Does anyone know if there is a requirement for a SeNav reveiw prior to discharge on grounds of "pattern of misconduct?"

If yes, how would I verify that SecNav approved discharge prior to my command to sign my discharge paperwork?
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Remember, I am not an attorney or in the military, I am a neuroscientist and expert witness in the civilian world.

If I had more of the facts I might be better able to advise or give you a plausable explaination for why your disability or the treatment of it caused your misconduct. You never answered my direct questions needed to advise, which could be preceived as insobordination in the corps.
»» Disabled Vets Assistance
(800) 378-4559
Employment advice and referrals to returning disabled service members, recently medically retired service members, and their spouses.

Below are contact links for the west coast you should be able to contact today and start your appeal, also you may want to turn yourself into the closest VA hospital for a thorough psychological and neurological workup while you are still covered. Also ask for ADA accommodations, possibly more time etc.
I think you may be right but I cannot be sure because some of it will depend on the facts insofar as procedures.

You might want to e-mail Badapple at [email protected]

Here are the secitons of MILPERSMAN 1900 - GENERAL
Pattern of Misconduct: Two or more NJPs, courts-. martial, or civil convictions (or ... Secretary of the Navy to take final action with respect to a ...
http://buperscd.technology.navy.mil/bup_updt/upd_CD/BUPERS/MILPERS/MILPERSMAN 1900 - GENERAL.PDF
http://buperscd.technology.navy.mil/bup_updt/upd_CD/BUPERS/MILPERS/Articles/1910-704.PDF see pages 4&5, there is a section re pending medical boards and also re disability.
I believe this is how you can appeal at this point, look at the sidebar on the left for the red links.
http://www.ig.navy.mil/Complaints%20%20(BCNR).htm
wast coast contacts for IG office
http://www.ig.navy.mil/Contact%20an%20IG%20(West%20Coast).htm

Be sure to inform them that you are disabled with a service related injury, were denied civilian counsel and to subpoena expert medical witnesses.

Have you called the Headquarters Marine Corps · Commandant of the Marine Corps ?
http://www.usmc.mil/
 
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