Do I have any options to stand up for myself? Any legitimate grounds to do so?

2022-12-05T21:45:48-05:00

I have been in the Army for just over three years. I’ve began to have a number of health issue over the course of those three years. All conditions that have been triple verified by the Army, Civilian docs, and the VA. Suffice to say, call my bluff… I have people with PhDs to back me up. Unfortunately the cards are stacked against me. My new command team has no sympathy for my situation and I’m having my poor mental and physical health used against me. My command team, during the current process of my MEB, is pushing for an administrative separation on the grounds of me having missed five appointments in the span of twelve months.

Keep in mind that I am not a mentally stable individual, nor am I in good health. I have been to the ER several times, and frankly have come close to ending my own life on more than one occasion. I joined the military, but quickly found out that I am not the type of person build to handle it. I acknowledge that, and except it fully… however, I do believe it to be a responsibility on the part of leadership to care, at least a little… for their soldiers.
I am not far from my ratings being given, and frankly, I’m tired of being reminded what a failure I am. I don’t understand the purpose of kicking me while I’m down.

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Dec 5 at 2022 9:50 PM

2022-12-05T21:50:58-05:00

I hope you overcome the challenges you are faced with! Good Luck to you!

Response by CPT David Gowel made Dec 5 at 2022 9:54 PM

2022-12-05T21:54:22-05:00

SPC Private RallyPoint Member I'm sorry to hear of the challenges you shared. We're here to listen, but please reach out to a professional if you need help. Here are some resources that are free: https://www.rallypoint.com/emergency-support

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Response by MAJ Ken Landgren made Dec 5 at 2022 10:35 PM

2022-12-05T22:35:51-05:00

Is there a WTU at your post?

Response by SFC Private RallyPoint Member made Dec 6 at 2022 12:55 AM

2022-12-06T00:55:45-05:00

You can't be separated administratively during the MEB process. Whoever told you they were going to separate you either doesn't know what they're doing or enjoys wasting their time.

There's a whole paragraph about it in the separation reg, it's like 1-28 or 31 somewhere around there, don't bother reading it, it will just confuse you more.

The simple explanation is that if a commander wants to pursue an administrative separation, they can process it until it's complete and they have to wait for the MEB process to render its verdict. Then, both packets go to the CG who has the final decision. Unless you're being separated for misconduct/patterns of misconduct, you will receive the MEB separation.

You'll see new commanders do this all the time for MEBs. People get hurt and get fat/fail PT tests/fail to complete DLC/ other things that trigger an automatic separation - and the commander will start the proceedings for separation. Both processes run their course and the Soldier receives a med board separation at the end.

However, if there's misconduct involved, usually DUI, or failed UA, domestic violence, repeated disrespect, then they get the admin separation.

Your command team is clearly too new to know they can't separate you.

Response by CSM Darieus ZaGara made Dec 6 at 2022 6:59 AM

2022-12-06T06:59:37-05:00

First and foremost seek further help for the mental illness.

Now the hard part, it sounds as if your mental issues existed prior to your service. Health declining shortly after entry into service may have or likely started prior to as well.

It is simple for physicians to know where physical injuries come from, not so much for mental issues. You mention civilian and Va physicians, is this in writing? How did you get to see either? If the Va is rating you there should be no issue, they have separate criteria from the MEB. Civilian evaluations generally mean very little.

What is your performance like, do you give it your all, did the negative counselings related to your appointments and performance come before or after the MEB.

There is a bit to unpackage. I recommend you seek a military unbudsmen and reaproach your command.

Response by SSgt Christophe Murphy made Dec 6 at 2022 8:17 AM

2022-12-06T08:17:26-05:00

Your Command can't cut you loose while you are going through a Med Board. It's pretty normal for Commands to not be fully clear on the process because they have so little interaction with anyone while folks are going through the MEB. It's a seperate process happening outside of their control and view.

With that said you can certainly catch some heat for missing appointments. Med Boards don't excuse you from regular Military stuff like being on time or being in compliance with height/weight standards.

I recommend you speak to your PEBLO, MEB case manager, Chaplain and Unit MEB liaison if they have one appointed to help stay on track.

Response by MAJ Ken Landgren made Dec 7 at 2022 3:03 PM

2022-12-07T15:03:56-05:00

Generally, the ones who are in the MEB and face separation for misconduct are the soldiers with PTSD.

The army should make the MEB process less mysterious for all parties involved.

Response by MSG David Lambert made Dec 14 at 2022 1:59 PM

2022-12-14T13:59:05-05:00

Keep a copy of all your medical and mental health records and information. When not if they try to separate you, they’ll have difficulty with their conflicting information when compared to what’s in your records. Push for medical discharge over administrative. Your records will provide the evidence. If they win short term seek legal help. Not a Jag as they only represent the government and not your interests! Unless charged with a crime. Even then they are in a conflict of interest position and the government wins 95% of the time against individuals charged.