Hello Marsha, thank you for your response.I was only in the Marines
for all of 1 year and some change before being discharged [Gen. under Honorable, RE-3P, JFV1].The circumstances of my discharge were that I was involved in a motorcycle accident (while on duty on PTAD). I broke both wrists which required surgery (and a screw) to fix. I suffered some negative side effects both from the operation as well as the narcotic pain killer I was prescribed. The military, in their infinite wisdom gave me more medication (an anti-depressant, Paxil) to counter these side effects, but unfortunately I had a very negative reaction to the Paxil and became depressed. The Marine Corps then discharged me with the above characterization and narrative reason, although I never went through a med board.After 5 years or so trying to go back with the discharge I was given (I was told it was not going to be a hinderance to re-enlistment during my discharge process and so waived my right to JAG representation at the time) I applied to the NDRB for an upgrade to Honorable, which, last fall (2016) I received, although they did not adjust the RE code or narrative reason. (During this application I did not submit ANY documentation other than just my military record and did not specifically request that these items be changed)Subsequently, I tried again to re-enlist (into the national guard no less) and got through the entire process up until MEPS who denied me without seeing me.I have currently submitted an appeal to the NDRB, along with a PILE of documentation I have gathered about Paxil (its various lawsuits and documented evidence regarding the exact side effects I was suffering from) and various letters of recommendation and so forth. I am currently waiting for a hearing date in DC for this appeal (The American Legion will be representing me at said hearing). If this appeal fails, I will pursue my case with the BCNR, and appeal that decision should it not go in my favor.NOW, I apologize for the book. My specific questions are in regard to my appeals.
1st) obviously we don't know what the NDRB will do, but what do you think the odds are of a reversal based on the argument that this drug (now KNOWN and DOCUMENTED to cause depression in certain people who fit my profile) are? Line of argument is something to effect of "Discharge/RE Code is INEQUITABLE because it was based on the false premise that I had depression (which new medical research, as well as two recent mental health screenings, show was a result of the medication the military prescribed)" AND Discharge/RE Code is IMPROPER because the appropriate med-board procedures were not followed during the course of my discharge (i.e. I never had a med board)"2) several years ago I was told by another private military lawyer that should all my appeals fail through the government bodies, it is possible to appeal one final time to a civilian federal court. A) is this true? B) is there a name for this so that I can do some more research to try and secure counsel for this in the event that I need to use this option.3) Is there a way around all of this? Do you know if I can contact MEPS directly to get them to override their decision? (which I know is TECHNICALLY possible, but practically, maybe not?)Your help is greatly appreciated, and once again, I sincerely ***** ***** the length of my request.Best,