Posted on Dec 31, 2019
A1C Jordan Brenner
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Just interested in feedback because I have an active lawsuit at the Court of Federal Claims over exactly this issue with my discharge where the provider notes specifically state that if I was not discharged (for a personality disorder) that it would be very likely that my discharge would be unfavorable; is not a valid excuse to discharge a service member wrongfully. The AFDRB has since upgraded my discharge to read 'Secretarial Authority' 'KFF' while not changing reentry code '2C' -- Involuntarily Honorably Separated to '3K' -- Secretarial Authority. Is it far-fetched to think that the Air Force just might have to fulfill my whole 6-year Active Duty contract for admitting that I was not provided full administrative due process? The psychologist had even said in the decision rationale that I've never had a personality disorder. What is anyone's thoughts on this?
Lawsuit link: https://drive.google.com/file/d/1RE3LSSstxsjATq_JjIe6S2LzFqu9HY3B/view
Edited 1 mo ago
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Responses: 11
LTC Kevin B.
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"continually gets away with fraudulent personality disorder diagnoses and discharges"

That's quite an assumption, stated as if it's an axiom. What is your evidence for such a claim?
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COL Commander
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So honestly, if the command decided that you would be discharged for personally disorder rather than another unfavorable discharge they must really think that they are doing you a favor.

So what did you get in trouble for? What was the rest of the story? What did you do?
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A1C Jordan Brenner
A1C Jordan Brenner
9 mo
I didn’t do anything bad, my roommate reported me as suicidal and from there things just went downhill. I requested to see my own medical records and the psychologist told me “No.” what part of that isn’t weird? That’s a HIPPA violation.
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MAJ Byron O.
MAJ Byron O.
9 mo
A1C Jordan Brenner - HIPAA with one P was designed to make it easier to take records from one point to another. You want your medical records, you need to go the medical records department and submit paperwork to get them. The psychologist cannot give you records without you following the above policy.
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CPT Student
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9 mo
A1C Jordan Brenner - I find this suspect. I have seen Soldiers get recommended for Behavioral Health for suicidal ideations and not found to have any issues. They were only given a follow up. The ones that truly had issues were discharged.
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PO3 Phyllis Maynard
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MAJ (Anonymous) you made a very good point here. A1C Jordan Brenner really ponder this action you are taking, please. I was a certified (not accredited) DAV Service Officer for 13 years. I truly worked on behalf of veterans even those that had the deck stacked against them. Of course, all of my field work was critiqued by the National Service Officers at the Regional VA. The Basis were the attornies of fact and they argued all kinds of scenarios before the VA on behalf of veterans. Since you already have an honorable discharge, naturally you don't have to submit the application to your branch of service for an upgrade. You don't need a lawyer for that, should you know a comrade who would like to upgrade a discharge. Secondly, you were given an "out", so that your chance to file for service connection is not ruined. I'LL TELL YOU A SECRET:0), I went after City Hall, so to speak, both military and government in my younger years. The military issue, after all was said and done - IG Inspection and all, I didn't get the result I expected. My career wasn't jeopardized. Quite the opposite, I was asked to remain at my command or choose orders. But, I was a hothead and got out. The Navy wanted to clean it's own dirty laundry, not let an action taken by me clean it. Secondly, State government - I got an EEOC Federal Cause Finding against the State. I hired the best Civil Liberties Lawyer in the State. With the discovery, he waited for the state to build their case stronger than mine so he could lose it. He did not prepare a fight. He forced me to go into arbitration or get nothing. The Administrative Kaw Judge told me in my lawyer's face that he had traded my case for a judgeship on the State Supreme Court and had already moved into the wealthy gated community where the administrative Kaw Judge lived. Currently, something pretty major had jumped off with myself and a clinic at my VA. Long story short I am able to leave a trail of bloody noses, but before that happens they will use all of their resources to prevent me from exposing this issue to a great degree. The Deputy Chief of Staff called me and broached a compromise after receiving my clinical appeal and finding out I was a DAV Service Officer for 13 years. Nobody wants a long fight, more public scrutiny, and endangerment of the VA's ability to get services to veterans. I am smart enough to see the wisdom in not being the heavy. The VA is massive by the time this thing is over I might be dead or my stable health shot to hell.
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If I were you I would go in to the nearest DAV National Service Office located in the Federal Courthouse where the Regional VA is located. Talk, rationally, with a Service Officer, take your documents, discuss the issue and see if the process can happen at that level. It will be a win/ win if your circumstances are in your favor. Lawyer's get paid if you win or if you don't. Sometimes when you win with a lawyer, it was something due you anyway. If you have something you have revealed that puts you at shared fault, it will be embarrassing in court and will work against you. Veteran Service Organization representation can mitigate bad stuff because they work to help the veteran get the benefit of the doubt. Best to you.
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