Don't know who else to turn to.

[navydoc2006]

What is the name of your state? North Carolina

Hi. My name is James and I am a Navy Corpsman of 4 years. I was diagnosed with chronic asthma in Fall 2003 and after that I started failing PRT's because of it. I get to my second duty station last year and now my chief has put in an Admin Sep for the PFT/PRT failures and for me to be discharged as General Under Honorable. Well I told my lung specialists about this and he said that it wasn't right what they were doing and started a PEB/Med Board on me. I am getting the shaft in having my command write my characterzation of service. They seem like they are waiting for the Admin Sep to go through before the Med Board. Is there any way to stop this. I have talked to JAG and they told me to talk to my legal officer. I have contacted my Senator and am waiting to hear a reply back from him also. My command has also tried to talk me out of the PEB saying that since I went to mast back in 2004, I wouldn't get an honorable discharge anyway. They said that I haven't served my time honorably since I went to mast for underage drinking. I just don't know who else I can turn to. I'm afraid that my Admin Sep will get signed off before my PEB has a chance to go up. Any advice?

Thanks.

 

[Shay-Pari'e]

I would strongly advise that you get a consult from a civilian attorney familiar with military issues.

Hopefully Bad Apple will see your post and respond.

 

[badapple40]

Work this out politically. Get and collect documentation from the doctor regarding your medical condition. Get and collect documentation that includes an opinion from the Dr. that your failures were medical related -- not something you had control over.

One Article 15 is not generally sufficient to justify an OTH or general under honorable discharge.

Collect the documentation now and submit it at any separation proceeding. Keep copies for your discharge review board.

 

[EThiker]

any word, yet?

Hey Doc,

An old navy Chief here. Just wanted to recommend two attorneys to you. The first is a current reserve Army Jag. And the second one is a retired Navy Commander and is now a practicing attorney. From what I have seen, he is extremely good. I would try him first because he is Navy and has worked on a couple of cases similar to yours.

Just trying to help.

http://www.imperiallaw.com/practice.html

http://www.johnwellslaw.com/index-4.html
his email is: [email protected]

 

[gurn-blanston]

Doc,
I'm an O3 and started at the bottom in another service and started over and have 2 Article 15's under my belt and made it to OCS.
I am med boarding out a guy for a heart condition, we could have gone the PT route, but there was obviously a medical issue and we kept pushing it until they figured it out. Your article 15 should have no bearing on this, your marks would though.
It is a shame that your command wants to pursue an admin, that shows their true character as Officers. You could appeal it afterwards and have it changed. You can appeal the admin discharge now and cite the medical issues and have it squashed. Fight this.
Always remember to write down whatever is told to you and date and time, quote when able. Lots of people in charge will do and say things well beyond their authority and scope. The person with the facts will prevail.
On another note, if they do admin dicharge you for pt or weight, check out the Coast Guard, we don't have PT tests except for boat crew air crew and law enforcement personnel, not corpsmen. Plus our O's aren't dorks like the Navy Good luck.