ptsd Active Duty Soldier With Ptsd Denied Re Enlistment For Personality Disorder

[jordan0226]

I hope I'm posting this in the right forum. I'm so distraught over my situation & am desperate for some help. My son recently served a year in Afghanistan. While on a mission, he was involved in an IED explosion & suffered a TBI & other minor injuries. The soldier who stepped on the IED lost both legs during the explosion. My son assisted in saving the soldier's life & was later awarded an ARCOM for his actions. My son spent several months in recovery suffering from obvious symptoms of PTSD. He was eventually diagnosed with PTSD while in recovery. He received a Purple Heart for injuries suffered in Afghanistan upon his return to the states. He has had a difficult time adjusting since returning 9 months ago. Unfortunately, it seems that he is now getting railroaded by his platoon. He has been fearful of contacting anyone because he's afraid of making the situation worse. He was recently asked by his CO to sign a paper denying him the opportunity to re enlist due to a personality disorder. I am terrified that the next step is gonna be a discharge for personality disorder which will cause him to lose all his benefits. He will ETS in the next couple of months. What steps are safe to take at this point? Can someone, please, point us in the right direction? I'm afraid time is not on our side. Any advice is much appreciated.

Edited January 14, 2013 by jordan0226

[bluenote]

10thFO:

I suspected that is what occurred (this sounds like a proposed adminstrative chapter rather than the initial reading of an Article 15 or court-martial). Don't worry about the Soldier signing the adminstrative chapter paperwork, his refusal to sign the paperwork (which was essentially a notification of rights) would still have resulted in the command initiating chapter proceedings. That said, he needs to speak to a military defense attorney, even if the Soldier is considering retaining private counsel. I spent the better part of seven years handling such issues so feel free to email me if you have any questions. I know most of the true expert practioners of military justice (not the ones with just pretty websites . . . but the ones who have been handling these issues in uniform and now as civilians for 30 plus years), so would be happy to provide their contact information if needed.

Seth Director

[carlie]

I hope I'm posting this in the right forum. I'm so distraught over my situation & am desperate for some help. My son recently served a year in Afghanistan. While on a mission, he was involved in an IED explosion & suffered a TBI & other minor injuries. The soldier who stepped on the IED lost both legs during the explosion. My son assisted in saving the soldier's life & was later awarded an ARCOM for his actions. My son spent several months in recovery suffering from obvious symptoms of PTSD. He was eventually diagnosed with PTSD while in recovery. He received a Purple Heart for injuries suffered in Afghanistan upon his return to the states. He has had a difficult time adjusting since returning 9 months ago. Unfortunately, it seems that he is now getting railroaded by his platoon. He has been fearful of contacting anyone because he's afraid of making the situation worse. He was recently asked by his CO to sign a paper denying him the opportunity to re enlist due to a personality disorder. I am terrified that the next step is gonna be a discharge for personality disorder which will cause him to lose all his benefits. He will ETS in the next couple of months. What steps are safe to take at this point? Can someone, please, point us in the right direction? I'm afraid time is not on our side. Any advice is much appreciated.

Here's another link for research:

http://www.pebforum.com/site/

Here's a google link - with many links to articles on service members

with PTSD being discharged as diagnosed with Personality Disorders.

https://www.google.com/search?q=ptsd+vets+discharged+for+personality+disorder&rlz=1C5CHFA_enUS503US503&oq=ptsd+vets+discharged+for+personality+disorder&aqs=chrome.0.57j62l2.14675&sourceid=chrome&ie=UTF-8

[carlie]

http://www.vva.org/ppd.html

Personality Disorder Discharges

VIETNAM VETERANS OF AMERICA HAS FILED A LAWSUIT RESPONDING TO DEPARTMENT OF DEFENSE'S

WRONGFUL DISCHARGE OF NEARLY 26,000 VETERANS.

The Department of Defense (DoD) has violated the law by failing to release records showing that it has wrongfully discharged nearly 26,000 service members on the basis of so-called "Personality Disorder." This Personality Disorder designation has prevented disabled veterans from receiving the disability compensation and other benefits they have earned. Vietnam Veterans of America and its counsel, the Veterans Legal Services Clinic of the Jerome N. Frank Legal Services Organization at Yale Law School, hope that the records they obtain through this lawsuit will convince Congress to mandate a systemic review of these discharges and compel DoD to repair the harm it has caused.

[john999]

If the military went back to Vietnam era they would probably find 200,000 PD discharges for those with bono fide mental disorders. During Vietnam you had to be chewing the carpet to be discharged for a mental condition. I was discharged for a PD and then immediately dx'ed with bono fide mental health disorder by the VA and granted compensation. This was 42 years ago.

[Teac]

I can't help but thing something else other than what has been said... is behind this. First .. if in fact someone has a personnality disorder how can you show that they signed something with a clear understanding of what they signed. Second, it doesn't make much sense to force or request anyone to sign a "self bar " to reenlistment expecially if the soldier in question was prepared to leave the service anyway. Third, and most important, the US Army has been guilty of these kinds of games for a long time..that is saying someone has a personnality disorder when they don't want to pay for PTSD.....

My best advise is for this soldier get in to see his mental health officials, and to see a JAG lawyer.. its seems to me he is getting the shaft and doesn't realize it.