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I was given PCS orders from Fort Sam Houston to NMCSD, Balboa Hospital as a BMET, my first actual base assignment. I could not handle mentally and attempted suicide. I went through mental evaluation and the evaluation team recommended immediate discharge as I was no longer deployable and I am a danger to myself as well as others. During my evaluation they did a drug screening and I was found positive for some unusual drug called Serax. I was sent to SARP, substance abuse treatment program and while there I opened up to one of my counsels and told them about that I was sexually assaulted at my previous base and I opened up to them about my homsexuality. NCIS took my statement as I am the victim and then they called me a few other times. I gave a statement and signed the statement stating that everything I stated was indeed factual. Now I have completed the program and completed my check out process for discharge so they can email my packet to PERS and they are telling me it could take up to six months because of the alleged sexual assault that happen to me. I told them I wanted to waive all my rights as I no longer wanted to deal with any more turmoil with the situation, I want to leave the military and move on. Is there anything I can do with Legal or NCIS or a law stating that I can waive or request them not to pursue the sexual assault any further and let the normal discharge process of about 10 days be done and let me go.
They are recommending OTH and I am not fighting the discharge, what I am try to inquiry is there any way to expedite the process and not have the sexual assault part of it involved any longer so that PERS can complete the paperwork in the normal process. The HMC in legal is stating that sense I mentioned the sexual assault, and I never filed a formal compliant to my knowledge, it could take PERS up to 6 months to complete the paperwork but I was never given the opportunity to informal resolve the assault.
there was no board, and I was not given an njp, I was just sent to SARP, released, brought back to base, sent to 1st LT job, very simple, completed my check out process. Had one discuss with NCIS about the sexual assault and then they requested release of medical information which I never completed and asked if I would have a conference call with the alledged offender.
There was never a mention about a board, they stated that since the mental health Dr's recommended separation due to my mental health status and that I was no longer deployable and that I was a danger to myself and others they recommended an immediate discharge under general conditions, but Legal is the one that keeps on telling me about the OTH. and now the issue with sexual assault. I have asked for documentation to better understand but they are not granting it.
I have received my documents and signed them, but is there any way I can get legal to remove the sexual assault prior to going to PERS because legal is stating that with me being assumed having being sexual assaulted they have to report this in PERS. I just spoke to legal and per DODD 6495.02 I can request at any time to waive my rights and no longer request legal help from NCIS. My main concern if the case is closed and they have not completed the investigation how can legal apply this information to the discharge packet going to PERS?
I do apologize as I may not be expressing what I am looking in a response. Legal has informed me that since I have stated I was sexually assaulted that the process for PERS to complete the discharge is approximately 6 months. I am not fighting the discharge, I would like to inquiry is there any law or any process for which I can have them remove the sexual assault from my package going to PERS so that is does not take so long for the process to be completed. Also does the investigation have to be completed prior to Legal submitting my packet to PERS for discharge? I hope this makes sense. Thanks for all your help and patience
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