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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15586
Experience:  Lawyer and current JAG officer.
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I resigned with an "under honorable conditions" discharge after

Resolved Question:

I resigned with an "under honorable conditions" discharge after 15 years of military service because I was facing general court-martial for conduct unbecoming. Since leaving the service I have since been diagnosed by the VA and several other doctors with PTSD. Can I apply for military retirement? If so, how?
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

You can't apply for military retirement, no. You didn't serve the amount of time necessary to legally be entitled to retirement. Certainly, if you were in the military and they decided to separate you while you were in the service, and the basis for that separation was your medical issues only, they could have chosen to give you a medical retirement at that time.

But that's not what happened. You resigned early, to avoid a court martial. On those facts, you can not establish any right to a retirement.

You can, however, file for VA disability benefits based on the service connection between your injuries/illnesses and your military service..
Expert:  Allen M., Esq. replied 11 months ago.
I see that you have rated my service as poor.

Can you please help me understand your rating of my service as poor?

Did I not address a question that you have, or rather, are you simply understandably upset with how the law treats your situation?
Customer: replied 11 months ago.

Well your answer did not coincide with what I had heard from other sources. Frustrated, I continued googling around for information and found out that I could indeed apply to the Army Board for Correction of Military Records (ABCMR) and that this application could indeed result in my award of a medical retirement since I was unjustly denied access to a Medical Board while on active duty. So basically, you did not advise me on all available options.

Expert:  Allen M., Esq. replied 11 months ago.
That option is not available to you though, not on the facts that you outlined.

The cases that you refer to involve people that were denied the ability to use a medical board outright and were simply separated based on medical issues.

Note that stated that that was not the facts here. You were not separated for medical issues. You voluntarily separated to avoid court martial charges. Had you not voluntarily separated, you would have been court martialed.

An MEB is not entitled to those that are being considered for court martial.

So I'm sorry. I did not discuss it as an option for you, because it is not an option for you on the facts that you had presented here.

Had you stated "I was separated by administrative separation due to medical issues and denied the chance to do an MEB" then your facts would have lent themselves to that argument before the board of military records corrections.

You also mentioned no facts to suggest that you were unjustly denied access to a medical board. You only stated that you voluntarily separated to avoid a court martial.

I can only address the facts that you give me, so that is why my answer reflected those facts.

If you have some other facts that you'd like me to consider concerning how you were separated, I'd be happy to address those and discuss how you could frame those to the board, if you wish to apply to them. But again, on the facts you gave me, to don't have that argument to make to the board.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15586
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you

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