LilWill524
New Member
Hi, this is somewhat of a crazy situation but I'm hoping someone out there has some advice...
I was admin sepped under Milpersman 1910-122, under honorable with an RE code of 3G JFX, "personality disorder"in december 2010. I knew this was not correct, but was told by the PS1 processing my sep to just sign my DD214 because if I fight it, they might not give me an honorable discharge and that I was "basically getting a free pass out of the Navy"...
However, I do not have this condition. There is no documented history in my service record of me having behavioral problems, or declining performance. I had P and MP evals my entire 5 years in the Navy and made E4. I had never been to mental health or taken medication for any conditions dealing with mental health.
Long story short, I was on shore duty for pregnancy. I canceled my shore duty early for orders to stay in my current city. I went back to sea duty early, my baby was only 8 months old and his father (we were not married) was deployed. I kept having problems within the command about duty watches (they would put me on the balls to 8 watch repeatedly, knowing that I had a new baby at home and his dad was gone) and additionally, the command was preparing for deployment, so I went to mental health just for counseling to have someone to talk to about the stress of the situation.
I went for counseling at mental health for 2 months before I was told I was being separated with the PD. I was told this at the end of November 2010, I was out of the Navy by the second week of December. The counselor "unofficially" showed me an email thread between my command CO and a Psychiatrist at mental health, the one who wrote the letter that led to my sep. Basically, the assumption is, the command thought I was a "problem or liability" for deployment and took advantage of the fact that I was in counseling in order to get rid of me. I have read the Milpersman 1910-122 over 100 times in the past 4 years and still to this day cannot figure out how they got away this.
I now have my BA degree and am in touch with an officer recruiter trying to apply for a med waiver... but he is skeptical that NPC will approve it because they were the final approval on the separation and basically they would have to admit they did something wrong. I want to go back in the Navy because I should have never been out in the first place.
Anyone ever heard of something like this?? Has anyone ever seen med waiver for 3Gs get approved??
ANY advice on how to proceed would be greatly appreciated.
______________________________________________________________________
Here I have listed how the MILPERSMAN 1910-122 was not followed in my case:
2-c. I was not formally counseled nor given the opportunity to correct deficiencies (formal counseling stated as Admin Remarks NAVPERS 1070/613 and Admin Remarks counseling/warning (MILPERSMAN 1910-204; neither of which are in my service record)
2-d. "observed behavior of specific deficiencies should be documented in appropriate counseling or personnel records and include history from sources such as supervisors, peers, and others, as necessary to establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the service member was counseled and afforded an opportunity to overcome the deficiencies."
This can be disproved by my Evals, no mention in my service record of documented behavioral problems prior to the separating command; Prior command I received a 3.4 MP eval in July of 2010 just 5 months prior to receiving the diagnosis. And once again, I was never forwarded the opportunity to overcome the deficiencies.
2-e. They could have stated having "behavior" problems as me stating I was having issues with standing watches (00-0800 watches) etc. because of the new baby and his father being deployed, however this paragraph states, the I cant be separated for a PD on the "basis of unsatisfactory performance or misconduct"
2-g. "notification procedure in paragraph 6 shall be used. Documentation must include evidence that the service member is unable to function effectively because of a personality disorder." Notification procedure not followed as per the instruction and also, there is no evidence that I was unable to perform due to the PD
5-b. "The diagnosis of a personality disorder should be made only when the characteristic features are typical of the person’s long-term functioning" Again, there is no long term history of having problems; the first documented incident was in November 2010 when I was diagnosed. I never even received a counseling chit at the separating command regarding the issues I was having within in the command as far as standing watches etc. I was separated in December 2010.
6-b(2). "There is documented evidence that the diagnosed personality disorder interferes with the member’s performance of duty. Evidence may be in the form of documented reduction in performance marks, minor disciplinary infractions, work disruptions, etc., which persist in spite of reasonable attempts by the command in correcting deficiencies through leadership and non-medical counseling." I had never had a reduction in rank, I was not even at the separating command long enough to receive an Eval, and once again no attempts were made by the command to correct the problems.
6-c. "Member must receive a NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204), and be given an opportunity to overcome his/her deficiencies in performance and conduct prior to any ADSEP action for a personality disorder. Per reference (c), there are no exceptions." Nothing in this paragraph was done.
I was admin sepped under Milpersman 1910-122, under honorable with an RE code of 3G JFX, "personality disorder"in december 2010. I knew this was not correct, but was told by the PS1 processing my sep to just sign my DD214 because if I fight it, they might not give me an honorable discharge and that I was "basically getting a free pass out of the Navy"...
However, I do not have this condition. There is no documented history in my service record of me having behavioral problems, or declining performance. I had P and MP evals my entire 5 years in the Navy and made E4. I had never been to mental health or taken medication for any conditions dealing with mental health.
Long story short, I was on shore duty for pregnancy. I canceled my shore duty early for orders to stay in my current city. I went back to sea duty early, my baby was only 8 months old and his father (we were not married) was deployed. I kept having problems within the command about duty watches (they would put me on the balls to 8 watch repeatedly, knowing that I had a new baby at home and his dad was gone) and additionally, the command was preparing for deployment, so I went to mental health just for counseling to have someone to talk to about the stress of the situation.
I went for counseling at mental health for 2 months before I was told I was being separated with the PD. I was told this at the end of November 2010, I was out of the Navy by the second week of December. The counselor "unofficially" showed me an email thread between my command CO and a Psychiatrist at mental health, the one who wrote the letter that led to my sep. Basically, the assumption is, the command thought I was a "problem or liability" for deployment and took advantage of the fact that I was in counseling in order to get rid of me. I have read the Milpersman 1910-122 over 100 times in the past 4 years and still to this day cannot figure out how they got away this.
I now have my BA degree and am in touch with an officer recruiter trying to apply for a med waiver... but he is skeptical that NPC will approve it because they were the final approval on the separation and basically they would have to admit they did something wrong. I want to go back in the Navy because I should have never been out in the first place.
Anyone ever heard of something like this?? Has anyone ever seen med waiver for 3Gs get approved??
ANY advice on how to proceed would be greatly appreciated.
______________________________________________________________________
Here I have listed how the MILPERSMAN 1910-122 was not followed in my case:
2-c. I was not formally counseled nor given the opportunity to correct deficiencies (formal counseling stated as Admin Remarks NAVPERS 1070/613 and Admin Remarks counseling/warning (MILPERSMAN 1910-204; neither of which are in my service record)
2-d. "observed behavior of specific deficiencies should be documented in appropriate counseling or personnel records and include history from sources such as supervisors, peers, and others, as necessary to establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the service member was counseled and afforded an opportunity to overcome the deficiencies."
This can be disproved by my Evals, no mention in my service record of documented behavioral problems prior to the separating command; Prior command I received a 3.4 MP eval in July of 2010 just 5 months prior to receiving the diagnosis. And once again, I was never forwarded the opportunity to overcome the deficiencies.
2-e. They could have stated having "behavior" problems as me stating I was having issues with standing watches (00-0800 watches) etc. because of the new baby and his father being deployed, however this paragraph states, the I cant be separated for a PD on the "basis of unsatisfactory performance or misconduct"
2-g. "notification procedure in paragraph 6 shall be used. Documentation must include evidence that the service member is unable to function effectively because of a personality disorder." Notification procedure not followed as per the instruction and also, there is no evidence that I was unable to perform due to the PD
5-b. "The diagnosis of a personality disorder should be made only when the characteristic features are typical of the person’s long-term functioning" Again, there is no long term history of having problems; the first documented incident was in November 2010 when I was diagnosed. I never even received a counseling chit at the separating command regarding the issues I was having within in the command as far as standing watches etc. I was separated in December 2010.
6-b(2). "There is documented evidence that the diagnosed personality disorder interferes with the member’s performance of duty. Evidence may be in the form of documented reduction in performance marks, minor disciplinary infractions, work disruptions, etc., which persist in spite of reasonable attempts by the command in correcting deficiencies through leadership and non-medical counseling." I had never had a reduction in rank, I was not even at the separating command long enough to receive an Eval, and once again no attempts were made by the command to correct the problems.
6-c. "Member must receive a NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204), and be given an opportunity to overcome his/her deficiencies in performance and conduct prior to any ADSEP action for a personality disorder. Per reference (c), there are no exceptions." Nothing in this paragraph was done.
