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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.
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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.
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