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]

Sorry Berta, trial defense services (TDS) is defense end of the JAG Corps and independant from the installation/unit commander. The servicemember will be required to go through TDS counseling if chapter proceedings are initiated but squeaky wheel gets the oil and always better for the servicemember to understands his/her rights before the unit decides to take any action. TDS may refer the servicemember to a legal assistance JAG officer, depending on the nature of the issue/branch of service/installation.

There are numerous pro bono organizations that may be able to also provide assistance. I mentioned the ABA program since it is relatively new but has the potential to be a stove-pipe organzation for the numerous veteran-related pro bono organzations out there.

Seth

[john999]

I think I would try doing what Seth says and then fall back and follow Phil's advice. He does not want a PD dx to go into his records because the VA will jump on this to attempt to deny compensation for other mental health conditions. If he is a short timer I can't see why his command would want him to take LTH discharge other than to avoid paying benefits. PTST can look sort of like a PD but his history of injury and dx'ed PTSD should preclude that unless the army is playing the game Phil is talking about. I would spend the money on a lawyer even if you have to send him the cash to pay.

[meghp0405]

Folks, that's why I stated that he in no way should sign any thing concerning a block to re-enlist. I have assisted a veteran going through many of the issues he is going through. The commmand discharged him with a OTH discharge. Which as previously stated will definately effect his benefits with VA.

I would think he should initially contact the post IG and make them aware of his circumstances. If he has been

I have to agree with John, he needs to document everything on his exit physical. If he is able to get his discharge upgraded later on, then VA would take care of this young man. Especially with the dental trauma he experienced. This young man needs a lot of help!

I wonder if he should go to his mental health doctor and ask to be admitted? I know that is extreme, but most importantly, he will get his needs attended to and that 's what is important. regardless of what happens with his screwed up chain of command, he still has his life to live

[bluenote]

meghp0405:

I truly do understand your concern and have encountered issues with personality disorder diagnosis both while active-duty and handling veterans issues. That said, re-enlistment paperwork is going to be separate process from any attempt by the command to initiate an adminstrative discharge. In my experience, the command will not normally initiate chapter proceedings if the servicemember is near their ETS unless their is an underlying misconduct issue. Further, it is rare that adminstrative separation for purely mental health reasons will result in a discharge that is not honorable (military characterization of service, not VA).

As stated, there are resources available to the Soldier both in uniform and through numerous pro bono organizations and I would be happy to provide contact information if requested. If the poster is considering retaining private counsel, I personally know most of the practioners who handle such issues and would be happy to provide referral information.

Seth

[VADDS]

I don't know about the rest of it, but the VA will provide one episode of dental care to a separating soldier, provided they are discharged under other than dishonorable circumstances.

[10thFO]

okay, an update, the paper that soldier signed for the CO was about not re-enlisting, but was in fact for misconduct, or a possible pattern for misconduct. Sorry to confuse. but I just got this today. I dropped out some after fighting for my benefits so hard, but I am still getting my care at the VA, and I am starting to feel that i can help other Vets now, without getting dragged back into my past. I'm just trying to live my life now, but like a lot of you, there is nothing that inspires me more than a fight with the VA. After proper vetting of course.