My name is ***** ***** and I received a Gen/UHC discharge in
Hi sir. My name is ***** ***** and I received a Gen/UHC discharge in May 2001 while in the USCG active duty at my last duty station San Francisco for Misconduct: due to involvement with drugs, SEP Code: JKK; RE Code: RE4. Im looking to request my first ever upgrade of discharge type--Character of Svc--SEP Code--RE Code--Narr Reason for Sep to the CG Disch Rvw Brd. In march 2000 while aboard USCG Polar Star, I was physically assaulted while a shipmate and I were on liberty at a local mall in Melbourne, Australia about one month prior to my orders to depart for A school training. As a result of the assault, I incurred a TBI with many more mental conditions experienced and later diagnosed and awarded post-service (Comb Rtg 80%; 70% TBI-30% Mood Disorders) which led to me struggling to make it through, grasp, and keep up in 12 weeks of Telecommunications School (Petaluma, CA) while all along dealing with marital, parenting and family health problems haunted me so much that I was forced to take leave from school & return to Oklahoma, for a weekend, after only 1 1/2 months of being in school. The decision to take leave only placed enormous pressure on me and I was told could negatively impact my progress towards graduation by becoming "recycled" back to a new incoming class. However, I the pressure to take leave to be with my wife & family as her mother was having a quadruple bypass heart surgery. Fortunately, even with the strain of playing catch-up, I managed to graduate but not without damage already been done to me emotionally, mentally, psychologically and in some ways physically. Once I reported to Group San Fran in Sept 2000, I made my COC aware of the personal assault, it effects it had on me to that point of reporting for my new duty, and the recommendation of my previous command's ship corpsman to make sure I go have an MRI done after joining my new unit. Once I began the numerous medical appointments with neurologist, neuropsych (Behavior Med Doc), pulmonologist, etc., everyone beyond my comms center supervisor (grp corpsman, comms officer, ops officer, and XO) the entire vibe and aura from the above-mentioned became extremely intense, refusal to understand the previously mentioned damage that has been had and its detrimental impact of my newly began coast guard career & more importantly my own overall health. The continued misunderstanding and lack of concern for my mental health deteriorating, home-life being on the rocks, and constant shortness with me in conversation that I would initiate, in an attempt to engage or seek inclusion, would ultimately create the "end all, be all' when I was basically accused of malingering by the XO when I had a meeting with him about an MEB being initiated as a result of my neurologist findings of being "unfit for worldwide assignment" as well as the highly stressful duties of a telecomm watchstander. So, with the changes for the worst taking place in me physiologically, psychologically, emo-behaviorally in all aspects of my life, I would finally be notified (Feb 2001) of a Medical Eval Board to be initiated while being accused of malingering & reminded of what could happen if it is determined that I'm faking injuries to avoid working. At that point, I realized the relationship with my command was more evident to how they felt about me, my health, life and new coast guard career which equated to everything "opposite of positive, success, team, family that I believed in the USCG to stand for. After all, I achieved what seemed to be success while serving in the Air National Guard, promotions, a "Sharp Troop" award making it to my highest ranking of E-4/Sr. Airman about 4 months prior to requesting to be released to join the USCG active duty. I also achieved high marks while onboard the USCG cutter Polar Star and in TC-A School some average but passed my PO3 servicewide exam for promotion to Third Class PO, upon graduating from A-school. In April 2000, command random drug screens were underway. In my department, I remember being told by a TC2 who was providing admin assistance to the urinalysis team which included the group corpsman & of course my Comms officer and that I was being requested to replace him as one of several TC watch standers to be screened. Here's the thing, my name or social security number wasn't on the list but his was and he when I questioned him about being previously informed that I wasn't on the list, he stated “Ms. G said to have you replace me since she ordered me to assist her and the urinalysis team in screening everyone. This led me to strongly feel that they were out to get me by utilizing ununiformed tactics to make a statement or example out of me by showing they had the power to influence how the rest of my career and life was to play out. Nevertheless, I used drugs in between time to cope and numb all the pain and trauma from the assault and tbi, the treatment from my command at the outset of reporting all the way through my discharge. I feel it was unjust to have received a misconduct/gen/UHC due to the fact I was assaulted and the aggravation of my tbi that brought on depression, ptsd, and other conditions led me to use drugs in which ultimately tossed out any continuation for an MEB since the positive screening occurred. What can I do to have these changes made to my record? Thanks sir!JA: Thanks. Can you give me any more details about your issue?Customer: Well, because of a multitude of high overwhelming emotions taking place within me, I wasn't clear with my command on how the drugs were injested due to the overall embarrassement, hurt, fear, to say the least. I didnt want to be discharged, I just wanted everything relating to my assault, injury and mental health effects to be taken treated with a greater level of concern. I thought the test were a false positive because of the hemp-based bath products I had been using 2-3 times a week, when going out to dance clubs where marijuana smoke would be in the air of an enclosed space, as well as various over the counter medicines regularly for the migraines, headaches, jaw pain from the assault. According to Ops Officer, the results revealed what he referred to as "trace" amounts of THC & Cocaine yet, as I was ordered to see a CG my drug addiction following the notification of intent to discharge, his report showed that my..."evaluation related a pattern of moderate alcohol use and denied any present controlled substance use. He did not appear to be minimizing his alcohol/drug use, recommended to return to duty pending investigation and possible discharge". To me, this led me to believe that I stood a chance of being believed even when I presented them with information or evidence concerning hemp-based products that my spouse and I often used for baths and such. I don't recall being given a choice to go to treatment even after my then-wife provided a personal statement of support on my behalf instead, the CO moved forward with discharge, reduction in pay, loss of ranking from E-4 to E-3, 45 days base restriction and stated it would have been worse if it hadn't been for my wife's letter to him.JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude