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being discharged from the military involuntarily

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

I posted this here because I think there may be some folks who might know about the consequences I am facing losing my job in the military.

I am running out of time, so i am hopful to find somebody who might be able to help.

Sorry if there is much military jargon here, but here is my situation:

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?


[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.]


I read something about one right to protection under federal law to their property or something along those lines; was wondering if anyone could comment about filing a federal injunction to stop a discharge that is blatently unjust and would have the same effect of a fine of $2.5 million in retirement benefits.


I'm a Northern Girl
Not on the employment law forums, we can't. As Patty pointed out, military law is a whole different animal. You really need to be posting this on the Military Law forum.

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