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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience:  Lawyer and current JAG officer.
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I was recently involuntarily separated from the Air force with

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I was recently involuntarily separated from the Air force with a reenlistment code of 2c JFX (personality disorder). I want to appeal this. I admit that I did suffer a period of depression and was sent to a treatment facility for 42 days doing group and individual counseling. My diagnose from the facilily was major depression. Yet, they provided the tools and medication to help me. So I return to my unit excited to be back on the job and to restart my career, but my commander set up a mental revaluation within 5 days of my return and said that she expected to separate me too. My mental reval consisted of a true and false questionaire which they said I didn't pass. I requested for a second opinion and was sent at my expense to another military facility which again I was given a true and false questionaire. During this entire time I am having to start outprocess for my separation. I believe the time and manner of the evaluations worked against me in that I was under extreme stress. I also don't understand how a questionaire can supercede the diagnose of the treatment facility where I was under observation and received countless of hours of counseling. I have only been back home a week-should I appeal now? Will the VA help me? Do I need to get reevaluated?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

If the separation has already happened, there is no way to appeal it. Your appeal rights occurred while you were still in.

You can use DD Form 293 to upgrade the discharge status if you got a general discharge or you can use DD Form 149 to actually correct the record and remove the discharge basis from the record, but those won't get you back into the military. You would have to reenlist, which isn't possible with your current reenlistment code.

So, unless you received a General Discharge, there really is no reason to use a DD Form 293, because that is just for upgrading status. They can't actually remove or change the nature of the discharge itself. Only the DD Form 149 board can actually change your reenlistment code so that you can rejoin.
Customer: replied 1 year ago.

I did put in a rebuttal/appeal packet with the help of a military lawyer while I was in, but it was turned down. There was no lawyer available on base at the time, so I had to work with someone by email and phone from another location. I received very little support. Should I get mentally reevaluated again to include in my packet to the DD Form 149 board?

Expert:  Allen M., Esq. replied 1 year ago.
I'm sorry that they didn't assist very much in your appeal, but it's not technically even a legal appeal. It's a letter to a commander, who almost always sides with the lower level commander. Even with local attorney assistance, you have very little chance of winning an appeal at that level.

Yes, if you are going to have a military records board overturn the record as error, you need to have independent medical evidence to back up your position. Otherwise, they will just side with the least favorable view of the medical evidence currently in the record.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15472
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

I have only been out one week-is there a time limit in regards XXXXX XXXXX in the packet? My parents are military and will be PCSing in 3 weeks so I can't get a mental health appointment until we get to our new location.

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