Posted on Aug 9, 2020
PV2 Timothy Maciel
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I was discharged by a chapter 5-13 at the end of March 2020. I received a VA Disability rating from 60%-100%. I have physical and mental injuries. My question is if i should pursue a Discharge Upgrade from Honorable to Medical Discharge or Medical Retirement?
Edited >1 y ago
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Responses: 5
SFC Retention Operations Nco
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You cannot be medically retired after you have been separated. You will never be authorized a medical retirement since you were separated for Personality Disorder as a new Soldier. If you had gone through a Med Board they would have medically separated you with 0% because your condition would have been considered acquired prior to service and not service connected. Basically, you were messed up before the Army, the Army didn't break you and so they won't pay for you.
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PV2 Timothy Maciel
PV2 Timothy Maciel
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Thanks for the information.
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MAJ John Lavin
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Was the doctor who signed the medical records from AD either a PHYSICIAN, NOT A PHYSICIANS ASSISTANT OR NURSE PRACTITIONER OR ANYTHING ELSE, trained in Psychiatry or a Lisensed Clinical Psychologists? There are real issues with 5-13 discharges. You cannot be discharged if anyone other than a Physician who has specific training or is lisensed in clinical psychology SAW YOU, CONSULTED YOU, AND SIGNED ALL THE LEGAL RECORDS. You cannot be discharged if some Internist or GP or any other other doctor or medical professional was involved. You cannot be discharged if some GP did the work and saw you and some Psycharist or Lisensed Clinical Psychologist just signed off on the reports. You HAD TO HAVE BEEN SEEN by the Psycharist or the LC Psychologist and that single individual signed all the paperwork. So find out if the Army didn’t pull the old bait and switch on you like they have done to thousands of other 5-13 Soldiers. If the VA gave you a disability you have a real chance to shove it down the throats of the assholes who skirted the refs like they have been doing and using 5-13 as a weapon against Soldiers with real problems. Get a lawyer and go for it. You have nothing to lose.
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SSG Elizabeth Koss
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So...honorable is the characterization of service and is the highest you can receive. Unless you had separated through a medical board, you cannot receive a medical retirement. You would have had to complete that while you were still in. Unfortunately, that cannot be changed.
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