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  • #31
    Re: A Big Thanks To Everyone On The Forum

    Chris,

    Thank you for contributing to this board. You were of great assistance to many soldiers. It's sad that we may lose you, but we all wish you the best of luck!

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    • #32
      Re: A Big Thanks To Everyone On The Forum

      I met with my COC today and I am told I will be discharged with an Honorable Medical Discharge, RE3. (as opposed to an uncharacterized ELS) The MEPS doctor noted that a surgical release, once I'm healed, would be required for a waiver (which I know are not being processed at this time....especially for my age )

      I am pursuing the Air Guard however, as I have a few more options with them right now.

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      • #33
        Re: A Big Thanks To Everyone On The Forum

        Originally posted by Chris36 View Post
        I met with my COC today and I am told I will be discharged with an Honorable Medical Discharge, RE3. (as opposed to an uncharacterized ELS) The MEPS doctor noted that a surgical release, once I'm healed, would be required for a waiver (which I know are not being processed at this time....especially for my age )

        I am pursuing the Air Guard however, as I have a few more options with them right now.
        Ask them exactly what chapter they are using for the separation out of AR 135-178......would love to hear their answer.

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        • #34
          Re: A Big Thanks To Everyone On The Forum

          Originally posted by ParalegalNCO1 View Post
          Ask them exactly what chapter they are using for the separation out of AR 135-178......would love to hear their answer.
          The Reg they highlighted on a sheet and gave to me says (out of NGR 600-200, 6-35 Section c (Refer to AR 135-178, chapter 6, for the convenience of the Gov't separations based on the following reasons: )

          (5) Not medically qualified under procurement under procurement medical fitness standards.

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          • #35
            Re: A Big Thanks To Everyone On The Forum

            Originally posted by Chris36 View Post
            The Reg they highlighted on a sheet and gave to me says (out of NGR 600-200, 6-35 Section c (Refer to AR 135-178, chapter 6, for the convenience of the Gov't separations based on the following reasons: )

            (5) Not medically qualified under procurement under procurement medical fitness standards.
            You told us you hurt yourself at basic training? They are telling you it existed prior to service and before the start of IET. Thats what "failure to meet procurement medical standards" means. So which is it? You take that discharge, you will have trouble getting into the Air Guard and you will have an impossible time claiming any subsequent benefits with the VA should your injury be further agravated.

            The narrative reason for separation, which is what that is, is just as important as the type of discharge. Just because it is Honorable...that means it isn't negative, doesn't mean its positive either.
            Last edited by ParalegalNCO1; October 3rd, 2012, 07:12 PM.

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            • #36
              Re: A Big Thanks To Everyone On The Forum

              Originally posted by ParalegalNCO1 View Post
              You told us you hurt yourself at basic training? They are telling you it existed prior to service and before the start of IET. So which is it? You take that discharge, you will have trouble getting into the Air Guard and you will have an impossible time claiming any subsequent benefits with the VA should your injury be further agravated.
              It DID happen at basic training.... They said nothing about the reg implying that, they just said "this is what we are discharging you under"... I do not see where it says I was hurt prior basic??

              Please explain or PM me, I will be calling them tomorrow!

              Comment


              • #37
                Re: A Big Thanks To Everyone On The Forum

                This is the chapter of the regulation they are using to separate you. Just read it, its in plain english. You tell me if you think it applies to you.

                Not meeting procurement medical fitness standards WHEN ACCEPTED FOR ENLISTMENT or PRIOR TO ENTRY ONTO IADT (Initial Active Duty for Training aka Basic Training)......

                Does that sound like you???!!!!


                6–6. Not medically qualified under procurement medical fitness standards
                a. Discharge will be accomplished on determination that a Soldier was not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on IADT. A Soldier found to be not medically qualified under procurement medical fitness standards will be discharged on the earliest practicable date following such determination and prior to entry on IADT.
                b. A basis for discharge exists when—
                (1) A medical finding of the staff surgeon that the Soldier has a medical condition that—
                (a) Would have permanently disqualified him or her from entry in the Army had it been detected or had it existed at
                the time of enlistment; and
                (b) Does not disqualify him or her from retention under the provisions of AR 40–501, chapter 3.
                (2) A Soldier is found positive for drugs as a result of accession testing on or after 1 June 1988.
                (3) A Soldier is found to have been pregnant on enlistment. Pregnancy is a disqualifying medical condition for
                enlistment under AR 40–501, AR 601–210, and NGR 600–200. Women who are discharged under this paragraph for pregnancies that existed prior to entry service pregnancies) are not entitled to maternity care as provided in AR 40–400, paragraph 3–39. The option of separation authorities provided elsewhere in the chapter to retain Soldiers recommended for discharge does not apply to existed prior to entry service pregnancies.
                c. This paragraph is not to be used in personality disorder cases. Such cases will be processed under paragraph 6–7, of this regulation.
                Last edited by ParalegalNCO1; October 3rd, 2012, 07:30 PM.

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                • #38
                  Re: A Big Thanks To Everyone On The Forum

                  This is why it is imperative that people who get hurt get documented LOD's.

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                  • #39
                    Re: A Big Thanks To Everyone On The Forum

                    Oh....and one more thing, when you speak with them, forget the part about "someone told you this on the internet"...they won't take you seriously, they will laugh at you and tell you not to listen to barrack's lawyers.....Except I do this for a living, so fortunately for you, I know what I am talking about.

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                    • #40
                      Re: A Big Thanks To Everyone On The Forum

                      I have already left a vm for my MSG to call me back IMMEDIATELY.

                      No, that is NOT me and I did not understand the terminology....aside from that, the line I gave you (5) was the last line on the page he gave me...I never even KNEW it had subcatagories. I never knew that IET part until you said it and I looked up 600-200 online.

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                      • #41
                        Re: A Big Thanks To Everyone On The Forum

                        Originally posted by Chris36 View Post
                        I have already left a vm for my MSG to call me back IMMEDIATELY.

                        No, that is NOT me and I did not understand the terminology....aside from that, the line I gave you (5) was the last line on the page he gave me...I never even KNEW it had subcatagories. I never knew that IET part until you said it and I looked up 600-200 online.
                        Just so we're straight, what I copied and pasted is from AR 135-178....NGR 600-200 mirrors that, they say the same thing. They wrote 600-200 off of 135-178.

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                        • #42
                          Re: A Big Thanks To Everyone On The Forum

                          Well I'm not straight, I'm getting discharged under a VERY WRONG regulation, which absolutely does not apply to me or my situation but because I do not have an LOD, I cannot PROVE myself innocent.

                          I can rant and rave all I want but how can I possibly change it? If they SELECTED that reg to discharge me, they must think it applies, so what can I do??

                          Don't get me wrong, I'm going to pitch a fit, but what actual recourse do I have?

                          I'm REALLY PI$$ED that I was not handed Page 45 listing the sub-catagories....

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                          • #43
                            Re: A Big Thanks To Everyone On The Forum

                            Originally posted by chris36 View Post
                            well i'm not straight, i'm getting discharged under a very wrong regulation, which absolutely does not apply to me or my situation but because i do not have an lod, i cannot prove myself innocent.

                            I can rant and rave all i want but how can i possibly change it? If they selected that reg to discharge me, they must think it applies, so what can i do??

                            Don't get me wrong, i'm going to pitch a fit, but what actual recourse do i have?

                            I'm really pi$$ed that i was not handed page 45 listing the sub-catagories....
                            ....jag....

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                            • #44
                              Re: A Big Thanks To Everyone On The Forum

                              Originally posted by ParalegalNCO1 View Post
                              ....jag....
                              I will call AGAIN tomorrow...I have called twice and e-mailed as well; no return call.

                              Comment


                              • #45
                                Re: A Big Thanks To Everyone On The Forum

                                OK, take this for what it is.... My NCOIC just called me at home (prompted from my VM) to assure me that was not the case. He said he had highlighted the heading "6-35 Separation/Discharge from State ARNG and/or Reserve of the Army" and ONLY highlighted the bottom line because that is "where the RE3 descriptions started" and that he "shouldn't have" because they are absolutely not discharging me for fraudulent enlistment. He said my discharge packet is being submitted simply as a "Medical Discharge".

                                He also pointed out that he doesn't need to assure me if it wasn't true because if he was pursuing a negative discharge, he would "flat out tell me so".

                                So I do not know if its true or not, but I appreciated the immediate call back as he will be out of the office until next Friday.

                                I will still try and contact JAG again.

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