Legal Question in Military Law in Texas

discharge

my chain of command has said that i will be going to the meb board soon. I have been seeing a contractor on post for anxiety and panic attacks since late or mid july. He says that he believes that i will get better. Now I am pregnant, can I be med boarded out for this anxiety and depression or do i have a chance of staying in. I have expressed to my doctor several times that I wanna stay in I just want the opportunity to get better


Asked on 2/17/09, 3:07 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: discharge

The MEB will be the first to give you a better idea if this is in fact a long term issue, or one for short-term, perhaps limited duty.

Start collecting and keeping copies of all of your records. Also, keep a diary of who you talked to, when, what about, and when was said.

All of this will help should you later face a PEB.

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Answered on 2/17/09, 3:44 pm
William J. Holmes Attorney at Military Law

Re: discharge

The main question for a med board is do you have a permanent condition which renders you unfit for duty? If your condition is temporary or can be fixed so that you can return to duty, then you will get treatment and no discharge. Only if it is determined that you are not now and will likely not be fit for duty in the foreseable future will the medical board process then proceed to separation and determination of your level of disability. If you are rated less than 30% disabled, you will be medically separated. If 30% or more, then you will be medically retired with benefits.

If you want to stay in, then you need to establish that you will be able to perform your duties. If you are fit for duty, then the medical board process should stop.

I hope this helps. Please feel free to contact me directly if you have any further questions.

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Answered on 2/17/09, 4:20 pm


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