After being in the marines for 6 months, my grandson is being medically discharged for "mental incompetence". The navy psychologist who evaluated him stated that he was fit for duty. I spoke with this psychologist & they were confident that he would return to regular duty. However, the marine psychologist is saying he is not fit for duty & is having him discharged. Can this be challenged. By the way, this same psychologist is being investigated for false diagnosis. Apparently, he gives everyone the same diagnosis of "mental incompetence".
Thanks for the chance to help. I am an attorney with over 12 years military law experience.I am not sure I understand...your son had two recent diagnosis? One stated he was fit the other said he was not? How long between the two examinations?
Approx. May 25th he was admitted to the Naval Hospital for possible depression. He was examined by the psychologist & monitored for a few days. I was told that he was found to be "mentally competent" and was advising the Marines to return him to his regular duty. However, the Marine psychologist reversed that decision & he is being discharged. I am told it is because the Marines are "downsizing" & this particular pscyhologist is using this diagnosis to get rid of some of the Marines.
Actually, there are no Marine psychologists. The Marine Corps does not have any doctors (they rely on the Navy)Are you sure the Marine in question was a doctor? Or was it perhaps another Navy doctor?
I just spoke with my grandson & he clarified that it was actually a civilian psychologist on the Marine base. It was a Navy doctor that released him & the civilian doctor denied the release to duty.
ThanksThat makes sense. But I am sorry to have to bear bad news.The process to discharge a Marine medically is not complex. And the Marine has very little say in the process (this is because the characterization of the discharge will be under honorable conditions...so they have limited rights to contest the discharge)Once the commander notifies the Marine in writing, the Marine has a few days (typically 5) to prepare and present evidence on his or her behalf. They can present this evidence, along with a written statement, to the separation authority. The separation authority is the first general officer in the chain of command. The separation authority will review the request to separate the Marine as well as any evidence presented by the Marine and make a decision on separation.So your grandson is allowed to submit evidence in writing to the general and ask the general not to separate him. If he has a diagnosis from a doctor that states he is fit for duty? That would be a great place to start.If there are members of his chain of command who are willing to write him "letters of support" that can go a long ways to help.Finally, he can write a letter to the general himself. He may want to hire a lawyer to assist him with this. It is an uphill battle...but if he can show he is fit for duty the separation authority may well retain him
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).