How can I fight being separated for failing BLC after refusing to go because of migraines, and then being forced to attend anyways?

2022-12-05T16:35:37-05:00

I’ve been barred from reenlistment for refusing to go to BLC because of constant migraines. Was forced to go and failed Blc. I am now being separated. I just need to know if this is right or is there some way to fight it? No prior article 15s never got in trouble. Except for a few late counselings

Response by COL Randall C. made Dec 5 at 2022 5:13 PM

2022-12-05T17:13:14-05:00

Going to turn it around a bit - You said constant migraines, so obviously you have gone to your primary care a number of times, were referred to specialists to determine the cause (don't know if they found an underlying cause for you) and if there was nothing to do, you were referred to a MEB.

At least, that's how it is supposed to work. Did you ever see your docs about it before BLC? Did you go to sick call while you were at BLC? If none of this is documented aside from a trip or two to the docs, then you did yourself a large disservice.

Having said that, are there routes you can take now? Yes. First, did you explain all this to your commander? At your counseling for the BAR, you should have been informed of your right to dispute or appeal the bar. I assume you have less than 10 years of service, so the rebuttal/appeal would go up to the first O6 to review. However, all of this without any medical evidence just sounds like you making a convenient excuse.

What you can do now? Two things - contact legal assistance and explain your situation. They can better advise you regarding steps about rebutting/appealing the bar (an appeal is done at the time of the BAR counseling normally). Second is that you need to go see your primary care and get the ball rolling about why you're having headaches. However, if there is nothing to show an underlying condition that is causing your headaches, it will just come across as that convenient excuse again.

Now, if you HAVE been going to the doc and have documented treatment, etc. you are in a much better position regarding the BAR. If you have been seeing the docs and they still can't figure out what's causing your migraines, then you should have been put on a profile limiting your activities and if they exhausted the 'limit of military medical care' and you still had constant migraines, you should have ended up in the IDES system for medical retention evaluation (and possible medical separation).

Bottom line: If you haven't already, talk to your commander regarding your migraines, and if you have, call legal assistance to see what your options at this point are.

Response by SFC Kelly Fuerhoff made Dec 5 at 2022 5:20 PM

2022-12-05T17:20:56-05:00

That sounds like the consequences of your actions...

AR 635-200 para 13-2 Criteria for separation:
b. Commanders will initiate separation for unsatisfactory performance for Soldiers who are eliminated for cause from a Noncommissioned Officer Education System (NCOES) course. Commanders have the discretion to bar Soldiers from reenlistment in lieu of initiation of separation for these Soldiers per AR 601–280 or AR 140–111.

Response by Lt Col Charlie Brown made Dec 5 at 2022 6:41 PM

2022-12-05T18:41:26-05:00

If you can't go to something that is required because of medical reasons, the commander can either bar you from reenlisting or request a med board. You have to be able to do what is required.

Response by SGT David Bower made Dec 5 at 2022 7:23 PM

2022-12-05T19:23:06-05:00

I’m guessing Blc is The same thing as BNCOC (I’ve been out for 25yrs) ? I’m not judging but if you’re working active duty with those migraines you might just consider the darned course. It’s not difficult by any means. I went in the 90s and it was a Vacation!

Response by SFC Private RallyPoint Member made Dec 6 at 2022 12:38 AM

2022-12-06T00:38:04-05:00

As SFC Kelly Fuerhoff pointed out the commander MUST chapter or bar you. Even if they only barred you and then removed it later, it takes approval from your first General Officer Commander to return to an NCOES after failing or missing a class date. It also requires endorsement from the same first GO to cancel or defer a date for NCOES. You can't simply refuse to attend NCOES.

If constant migraines are hindering you from completing schools then you are not medically fit to be retained in the Army. You need to go see a provider and have the very real discussion about medical separation. Once your med board is initiated you can't be separated for the NCOES failure unti the med board completes.

You will be separated. Whether it will be an administrative separation, which would be disadvantageous to you, or a medical separation, that would advantageous to you, is all that's left to decide. The only way to stop your separation would be if your Commander wanted to fight for you and was willing to push for your endorsement by the CG. Some CGs and Division CSMs absolutely refuse to sign off on rescheduled NCOES except for extreme circumstances. No NCOES means no promotion. No promotion means you can't stay in the Army.

Response by SSgt Christophe Murphy made Dec 6 at 2022 8:27 AM

2022-12-06T08:27:47-05:00

If you have an outstanding medical issue you should be on light or limited duty due to the issue and if it isn't getting better that should kick off a med board. That's how the process is supposed to go. Even if you are pushed into a course were you going to medical because of the issue? Failing the course without anything from Medical limits what the Commander can do. I would be talking to your Primary care folks and seeing if the MEB has been initiated or to see if there is enough to go that route.

Response by SGM Bill Frazer made Dec 6 at 2022 1:10 PM

2022-12-06T13:10:28-05:00

OK, have you made constant trips to Med folks with this complaint? Is it in your records?. The normal bottom line is NO BLC, no promotion, QMP material. Failure of BLC or any military school can result in Bar and Admin discharge. IF they have med records showing this complaint, then you van fight it- no records, then your migraines are just "hearsay" and you're doomed.

Response by SGT Frank Hewes made Dec 7 at 2022 11:56 PM

2022-12-07T23:56:57-05:00

At this point, your options are to request an exam for a medical discharge and/or going to the VA for a disability rating. Either way, there needs to be a documented history of treatments. Even if something actually happened, if it isn't documented on official forms, it never happened.
There are some chronic conditions that you can request a permanent profile for and remain in the service and possibly reenlist. Those conditions have predictable cause and effect, and the requested accommodation doesn't significantly affect your duties. Headaches that prevent you from doing your assigned tasks are not one of those conditions.

Response by SSG Private RallyPoint Member made Dec 17 at 2022 2:17 PM

2022-12-17T14:17:28-05:00

If you are Regular Army, as an E4 you’ll be separated at 8 years of active service regardless because of RCP. My response to your question is to go see legal and get professional counsel. But as far as I know you shouldn’t be barred from reenlistment as an E4 for BLC because it’s not a required PME for your grade. You only need it for advancement to SGT.

Response by SSG Private RallyPoint Member made Feb 3 at 2023 7:21 PM

2023-02-03T19:21:53-05:00

If you have constant migraines than you probably need to get out of the military altogether anyways.

Response by LCpl Jeff Moore made Feb 11 at 2023 12:49 PM

2023-02-11T12:49:01-05:00

Did you go to medical and document this? Maybe time to visit legal

Response by PO3 Paul Roth made Feb 21 at 2023 8:55 PM

2023-02-21T20:55:14-05:00

Sounds like it’s time for you to say goodbye to the Military. Let me guess you’re a Gen X that think the military should do what you want. Well son you joined the biggest dictatorship defending the biggest Constitutional republic. Time to go flip burgers

Response by SGT Roger L Holle made Aug 20 at 2023 11:38 AM

2023-08-20T11:38:07-04:00

How are you still active with disabling migraines? Surprised you haven't been Boarded. That is where you are headed if you keep this up. Do you want a career with the Military? Because, TRUST ME you do!. You will want the fall back of the medical services the Veterans Administration provide if oy keep up these games. You had better find out what is causing your migraines real quick if you want a career where you are at.

Response by SPC Private RallyPoint Member made Aug 20 at 2023 5:58 PM

2023-08-20T17:58:23-04:00

SPC Quartavious Williams - Quartavious, when did your migranes first appear? Are they a part of your enlistment medical records? Or are they documented in your medical records after you began basic combat training and advanced individual training? If you are discharged because of not being able to complete a required course, secondary to migraines, I'm wondering if you would be eligible for V.A. compensation. I don't know all of the three, letters-dropping in this thread, so my contribution may sound silly. However, if it were me, I'd sure wanna know if applying for compensation because of my migraines would be an appropriate thing to be doing. Also, is English not your primary language? I ask because your given name sounds/looks like your primary language may be something other than English. If your primary language is not English, did you understand what all that was spoken to you? If so, did you understand the next steps that were discussed with you? If your primary language is not English, you may want to contact and discuss things that have happened to you with an expert in army Policies and Procedures who has and speaks your primary language. Good luck in whatever. For sure, I have a little more warmth towards you than merely saying, "Well, you didn't accomplish what the army requires; so too bad. You're gone-gone. Next?" I know some superior officers would dismiss you thusly. However, COL Randall Cudworth most certainly is NOT one of those. . . .