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Gregm

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About Gregm

  • Rank
    E-2 Recruit

Previous Fields

  • Service Connected Disability
    70
  • Branch of Service
    USN

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  1. Hello everyone, I am trying to upgrade my discharge from administrative (general under honorable) to honorable. I am a disabled veteran, bipolar disorder, %70 TDUI. Towards the end of my service, I was placed on limited duty status, but it was based on a misdiagnosis of PTSD. So, I did not recieve proper treatment, actually no meds at all. I did some crazy stuff such as waking up in the middle of the night and driving from San Diego to Chattanoga non stop. I rarely remember the "reasons" why I do things like that. The Navy considered that to be a UA, and I was masted three times for that and other incidents. After nine months of limdu, I was returned to full duty and immediately discharged for pattern of misconduct. The Lt who returned me to full duty stated that there was nothing wrong with me at all. She wasn't even a M.D. psychiatrist, she was a MSC psychologist contradicting the diagnosis of a CDR M.D. He was wrong too, but still. In petitioning for an upgrade, I believe that they ask if a discharge was inequitable and or improper. I'm pretty sure that I can demonstrate inequity concerning the Navy's failure to provide competent medical care. My question is about the part where they returned me to full duty status. I believe that that was a necessary step, that they could not discharge me while on limdu. Is there a regulation that I can reference stating that? Or maybe I am wrong, they can administratively separate a limdu. I would like to present this argument: I could not have been administratively separated while on limdu. I was returned to full duty based on a misdiagnosis. My discharge was predicated on a factual error committed by a Naval officer and was thus improper. I think that that would be the strongest argument, but I'm not sure that I'm right about the limdu, so: Could they have discharged me while on limdu, or were they required to return me to full duty? If so, where can I find the regulation stating that? I already got a lot of great info on this site while appling for VA benefits. Thanks for all the help you have already given me.
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