Resignation and Elimination Denied. Do I have any other option to leave the army legally and ethically without affecting mental health?

2018-05-16T15:59:20-04:00

I have been in a holding status at IBOLC for 17 months waiting on my resignation or elimination results. I have recently learned that both have been denied by HRC. 18 months ago I was admitted to inpatient behavioral health care for suicide and depression, is this normal to put a soldier back in given their mental health background? I need help in knowing if I have exhausted all of my options or if there is any other way to exit the military legally, morally and ethically, without having my mind go back to where it was a year ago

Response by MAJ Ken Landgren made May 16 at 2018 4:38 PM

2018-05-16T16:38:46-04:00

Did you get a profile?

Response by CPT Robert Bretherick made May 16 at 2018 8:32 PM

2018-05-16T20:32:56-04:00

Consult with a clergy. Seek guidance from a JAG officer. Contact your congressman.

Response by LTC Private RallyPoint Member made May 16 at 2018 10:07 PM

2018-05-16T22:07:33-04:00

If you didn't respond to treatment it would have been appropriate for you to be referred to the MEB process for consideration of a medical retirement for the Behavioral Health condition. Even if the condition existed prior to the Army and was not worsened by your brief time in the Army (and I am not saying this is the case), the MEB route is the way to go when medical issues are the reason for not being able to continue in the Army.

I would ask your behavioral health provider for:
-Your Diagnosis.
-A copy of your records (you might have to go to medical records for this, be sure to ask specifically for your behavioral health records).
-If they feel you should continue in the Army as an Infantry Officer with your symptoms (If you don't have symptoms or if you haven't needed behavioral health follow up or treatment, the answer is 'Yes, from a behavioral health perspective you can continue in the Army'.
-If they feel you meet the criteria to be referred to the MEB process.

It is important to know that not all soldiers who are admitted to the psych hospital are referred to the MEB. Diagnosis plays a huge role (some diagnoses are not MEBable), along with your perceived motivation and your need for and response to treatment.

Many behavioral health providers will simply not consider the option of a MEB referral if you are already on your way out. If your providers knew you had submitted paper work to resign or be eliminated, they may have been supporting you through what they thought was a time limited process in the hope that you getting out of the Army was actually good medicine.

I don't know enough about Resignation or Elimination from IBOLC. Do you know of others that were successful in resigning from IBOLC?

Response by 1SG Private RallyPoint Member made May 17 at 2018 8:30 AM

2018-05-17T08:30:40-04:00

You seem to be a prime candidate for an MEB, but I will forewarn you that the Army has an obligation to treat you until the situation is resolved, and if the situation is untreatable and you are deemed not fit for continued service, put you out on a medical and hand you off for continuing treatment through the VA.
I would strongly advise you to allow that process to move along and do things the right way. It will benefit you long term.
If I understand your situation correctly, HRC did you a solid by not taking the easy way out and accepting your resignation in this circumstance.
I hope you are on track and have good support.
If you need more support, feel free to message me directly. I have a fair amount of insight on this process from both the Army and VA side.

Response by CW4 Robert C. made May 17 at 2018 1:12 PM

2018-05-17T13:12:21-04:00

I think that they may be trying to pull a fast one on you. I have read a few comments in here and I think that you should hire an MEB attorney. They will better be able to fight that battle for you.