Have Military Law Questions? Ask a Military Lawyer.
Thank you for your question. You can try by filing a petition for the Board for Corrections of Military Records for your particular branch of service. However, you will have the burden of proof to show that there was an "error" or "injustice" in not medically retiring you. I would highly recommend that if you decide to do this that you hire a military law firm (civilian attorneys who practice military law, including post-service issues) as they know exactly what information and evidence to gather and submit based on the client's detailed background interview and also know the legal standards and precedent that the Board will use to make their decision. You can find such a firm by either doing an online search through your search engine, or by contacting your State's Bar Association Lawyer Referral Program and telling them you are looking for a law firm that practices Military Law.
If you have not already done so, you might consider filing for a service-connected disability through the VA. If there are medical records, or any other record, that supports the diagnosis of PTSD, even if the actual diagnosis was never made, you might have more success with this claim with the VA.
Please feel free to ask for clarification if needed, keeping in mind that I can not provide you specific legal advice about your claim or petition since I am not your attorney and we cannot form an attorney-client relationship via this forum. I will be away from my computer for most of the day, but will respond as soon as I am available. If you don't need any further assistance, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you requested, then the Site will give me credit for assisting you today. Thank you
Thank you for your reply. Medical personal have a duty to diagnose and treat symptoms and diseases that are known to them. PTSD, as you know, can manifest itself in many ways. I can't second guess what was or wasn't done properly on the active-duty side,especially without an in depth review of your records, interviews, etc. I can only tell you what your legal options are now, which I covered. It would probably be worth your while. especially since you have a VA rating at 100% to speak to an attorney (military law firm) about your issue as they may be able to find enough evidence in your record to support a petition to the Board for Correction of Naval Records to medically retire you.
I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 18th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.
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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/