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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33093
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was recently submitted to a med/peb board for pych reasons

Customer Question

I was recently submitted to a med/peb board for pych reasons and I was wondering if the PEB can access my civilian medical records. I never went to a pych hospital but I did go to the hospital for a head trauma injury and among other things and I was wondering if that would be a problem for me considering I didn't disclose that before meps.
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

Can you tell me, did you sign a release waiver as part of this?

Customer: replied 3 months ago.
I don't think I did. Not for the meb/peb process for the bootcamp if I'm correct everybody has to sign an item line 24 or something like that. So I'm wondering if that could come back to bite me somehow.
Expert:  P. Simmons replied 3 months ago.

Thanks

It is possible for the military to get your records. But generally speaking, unless you signed a recent waiver, it is unlikely they will. Without a waiver, they would need to subpoena the records. They can do this...but typically would not unless they had evidence you committed a crime

So if you did not sign a waiver, it is unlikely they will request the records

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 3 months ago.
Why would they need a recent waiver when I signed the item line 24 before boot. Would that not give them access to my medical records in case of me becoming sick...in this case mentally ill. Would they not then be able to search my records to see if I had a prior mental illness which I did not. I am however worried about them finding the other things and although the peb/meb is not a legal process it doesn't mean they would not disclose that information to the proper people. In short I'm worried about the whole fraudulent enlsitment thing.
Expert:  P. Simmons replied 3 months ago.

It would. But my experience is that if the (the authority conducting the MEB) wanted to pull your records they would request a waiver.

Is it possible they use the enlistment waiver to pull your records.

Sure...but again, in my experience if the investigating office (the person running the MEB) wanted records that are not DoD records they request a current waiver

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