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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18791
Experience:  Lawyer and current JAG officer.
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I have been in the army for 14years and 6 months. Never

Customer Question

I have been in the army for 14years and 6 months. Never received a negative counseling in my life.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: sorry accidentally hit send: I received a DUI in march 2016. Came out on the MSG list in May. I still have a sequence #. I have been diagnosed with PTSD and went to a PTSD treatment facility JUN-AUG. I received a GOMR 2 weeks ago. I have a P-3 Profile for PTSD and Chornes Diseases and have started the MEB process. Now they are trying to chapter me under 14 2c. Can they do this or will the MEB override.
JA: Have you talked to a lawyer yet?
Customer: Military Lawyer?
JA: Anything else you think the lawyer should know?
Customer: I have a civilian Lawyer for the DUI. It looks like it will be reduce to Simple DUI.
Submitted: 1 month ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 month ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, they can do this. A separation for misconduct is not disallowed when there is an MEB already established. Because of your time in service you'd be entitled to a board hearing where you can put forward your PTSD diagnosis and use that as a defense to be separated and to allow for the MEB to complete, but again, there is nothing in the law that stops a misconduct separation from going forward simply because you have an MEB already started.

In fact, a misconduct processing for a separation actually halts an MEB. If you were talking about a separation for performance issues (Chapter 13) or some other basis not connected to misconduct, they would actually dual process the MEB and the separation so that a much higher authority could choose between the two (often choosing to allow the process most favorable to you, the MEB). That is not the case though when you are talking about a misconduct separation, which actually supersedes all other processes for separation. It must go forward on its own and either you would be separated or retained by the board.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 month ago.
I had gone to behavior health 74 times in 3 years asking for help with sleep issues and other PTSD related issues. It took a DUI for me to finally receive the help that I actually needed. Would it be in my best interest to start a congressional or should I wait and see if they go with the MEB?
Expert:  Allen M., Esq. replied 1 month ago.

A congressional can't do anything here. All a Congress person can do is ask if the regulations are being followed. It is within the regulations to process a Chapter 14 for a DUI, so a congressional really will do no good for you.

Instead, those are facts that you absolutely should raise during the board hearing you are entitled to before a separation can actually take place. Those are great facts to refute the Chapter and to encourage that you be retained while an MEB is completed.

Expert:  Allen M., Esq. replied 1 month ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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