Posted on Aug 30, 2016
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I have had medical issues with headaches and migraines after a TBI while overseas "non combat related" coming up on a year now. Shortly after I started to get depressed and get seen for it. I came back home early from my rotation overseas. I got put on a certain medication which made me gain weight very fast and made me oversleep. I missed morning formation after taking this medication 3 times within 3-4 months. Morning formation is 3 miles away and also my transportation was a bicycle but that is not my excuse. My excuse was the medication which I started to take earlier in the day and became very sleepy and started to fall asleep early and wake up a lot earlier then what I needed to. After a month of doing good and not oversleeping I got called in and got a Article 15 and lost rank for missing formation. Ok oh well I didn't fight it so that's not my problem even though I didn't like it. I was counseled 1 time for being overweight and I got taped. This is the second time I was on the program and the first time I got off within a month. Its been about 4 months since the first counseling and they haven't weighed, taped or counseled me since. They kept telling me that I was gonna get a Chapter 18 discharge for being overweight. The process got halted because my PCM referred me to a MEB. That MEB got turned down because " I didn't have enough treatment time". I was unable to go to long distance appointments because I don't have a drivers license and my command was not supporting me with going to my appointments. I got married and after 4 months of not going to see my neurologist because the closest one is 2 hours away the neurologist told me in his opinion I don't meet the medical standard and he is referring me to a MEB. Its been almost 2 weeks now and I only heard from 1 person saying that they are waiting for some medical documents first. He also gave me a permanent profile. I went back and gave my permanent profile to my NCO and told him I got referred to a MEB again by a specialist this time. 7 days later I got called into 1SG's office with the commander and they told me that they are trying to separate me via chapter 13 under honorable conditions for being overweight, missing formation 3 times back in the early part of the year and also having a dirty barracks room one time " they also lied and said that I disobeyed a lawful order to clean my room after that" which I have no idea where they got that from and I don't know how to fight that one. So currently I am pending a MEB. My real question is, can I fight this if the MEB doesn't go through in time or doesn't go through at all? From my understanding if the MEB goes through it overrules a chapter "that's what I heard"?. How can they go from a chapter 18 discharge to a chapter 13? I haven't done anything since missing formation. Ive been getting complimented on the work ive been doing and even though I am in pain half the time with my headaches and migraines I still try to stay positive but I cant really stay positive right now because they are threatening my medical treatment and benefits. Also it will be on my records for life. What can I do? Im still in my 7 day period to talk to legal and I am going this afternoon, can someone give me some guidance please!
Edited >1 y ago
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Responses: 4
MSG Intermediate Care Technician
JAG is your best bet for any questions you need answered. You Commander and your Providers need to be talking to each other.
SSG(P) Casualty Operations Ncoic
I'm not an attorney, but putting my S-1 hat on, without meeting the requirements for the Army Weight Control Program, you cannot be flagged for it. If you are not flagged for weight control, you cannot be separated for weight control. If you are flagged for weight control, but all the requirements for the AWCP have not been met in the timeframes required, the flag needs to removed as "Erroneous."

So ask to see the paperwork on the AWCP requirements and what they have on you (it should be in your counseling folder). If it's not there, they have no basis for chaptering you for that reason.
SSG Stephan Pendarvis
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