major@beaver.cs.washington.edu (Mike Schmitt) (04/12/90)
From: ssc-vax!shuksan!major@beaver.cs.washington.edu (Mike Schmitt) In article <15263@cbnews.ATT.COM>, jmh@ns.network.com (Joel Halpern) writes: > > > From: jmh@ns.network.com (Joel Halpern) > A person of my aquaintance is about to be dismissed from his > Air Nation Guard unit, for various reasons. From what I > understand of the situation, he should be entitled to > (but is not getting) a medical discharge. Is there any way > for him to appeal this situation? Is there any way to > determine if the folks in his unit are violating policy in > the way they are dismissing him? > > Thanks, > Joel M. Halpern jmh@nsco.network.com > Network Systems Corporation Yes, run don't walk to the nearest Air Force JAG (Judge Advocate General) office (military lawyer types) and ask for help. If JAG cant (wont) help - get civilian counsel. This looks like some sort of administrative discharge - but shouldn't be done without some sort of administrative board proceedings. However, "various reasons" might allow his unit to administratively discharge him without any action or appeal - depends on the situation. Sounds like a 'medical discharge' as unfit for military service ???????????? I'm not sure if "administrative discharges" fall in the category - but there is always the U.S. Court of Military Appeals (maybe that's only for court-martial cases???) Anybody else have advice? mike schmitt
cmr@cvedc.Prime.Com (Chesley Reyburn) (04/14/90)
From: cmr@cvedc.Prime.Com (Chesley Reyburn) In article <15500@cbnews.ATT.COM> ssc-vax!shuksan!major@beaver.cs.washington.edu (Mike Schmitt) writes: >In article <15263@cbnews.ATT.COM>, jmh@ns.network.com (Joel Halpern) writes: >> A person of my aquaintance is about to be dismissed from his > Anybody else have advice? A trip(s) to the IG(s) probably wouldn't hurt. As I recall there used to be something about appealing after you were out but that was for Bad Conduct Discharges. I know that the VA will re-examine medical conditions after discharge to determine the level of assistance that they should give (percent of disability). One thing to do for the 'medical' condition would be to document it with a civilian specialist(s). What we need is for Mr. Halpern to tell us the regulation numbers under which this action is being taken. Then someone of us who has access to the relevant regs can tell us what is going on. It would also help to know about the 'various reasons'. Addiction to, or use of drugs, is certainly a medical problem but not always recognized as such by the powers that be. Mainly because they tell you not to do it going in. Therefore using drugs appears to transcend the medical domain into disobedience. Of course there is the old adage about never giving an order that won't be followed. A pre-existing medical condition is something that I don't know about. I think that the most important thing that Mr. Halpern's friend can do is to NOT SIGN ANYTHING until they have received good advice and counsel. cmr Sp4/E4 (Ret.) Former Courts and Boards Clerk 575th Trans Bn. 7th Army Support Command