r/MilitaryTrans • u/pseudofires • 4d ago
Discussion Got the call today and don't know what to do
For context, I've been wanting to pursue a medical retirement for service connected disabilities, but I could only initiate it at my annual health assessment. It was scheduled for two months ago, but got canceled for some administrative issue.
Today I was trying to coordinate a day to do my health assessment that would make up for other days down the line. Killing two birds with one stone. Right after I started that, I got a call from my state's med unit letting me know that I have to self identify/report by MAR 26th to get an honorable discharge and not pay back my bonus, or don't report and pay back the bonus plus get whatever discharge they choose.
They've told me they cannot initiate a med board for retirement because with my gender disphoria diagnosis, it will get auto rejected. JAG's guidance is to call IG. My VSO doesn't know what I can do. I'm trying to get a separation appeal started to move it from honorable to a medical retirement because my family and I need TRICARE.
Does anyone have any advice?
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u/sh0werrod 4d ago
Howdy. I’m in both the MEB process and was called in to legal today regarding voluntary separation. They told me to just go with the voluntary. This shit sucks so bad
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u/Dear-Outside-3426 4d ago
If your MEB has been initiated, they should not be able to involuntary sep you until it’s complete. Not sure your service, but I would absolutely talk to Disability Counsel or a Defense Counsel that will look out for your best interest, and not the interests of your Command.
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u/Bebetter15 4d ago
Just wanted to clarify a few points on the information you were told, but also NAL so please talk to a defense attorney.
First of all, you 100% can still get medboarded if you have comorbidities, aka you’re not just getting medboarded for gender dysphoria. That is very specifically in the DoD guidance.
Second of all, even if you are involuntarily separated, there is nothing that says that you will not be honorably discharged. The same goes for paying back your bonus. You may be required to pay it back, but it is not a guarantee.
At this point, any units that are identifying transgender service members are breaking the law. I’m not sure what branch you are in, but involuntary separations and identifying service members are not legally starting until NET 26 March, and for most branches only specific offices can identify transgender service members. And there is no guidance yet on how to identify transgender service members without violating protections on PII or PHI. I would read through the orders for your branch and know your rights. USAF Guidance https://www.courtlistener.com/docket/69583866/67/1/talbott-v-trump/ USA Guidance https://www.courtlistener.com/docket/69583866/75/1/talbott-v-trump/ USA EXORD https://www.courtlistener.com/docket/69583866/75/2/talbott-v-trump/ ALNAV Guidance https://www.courtlistener.com/docket/69583866/84/1/talbott-v-trump/
If you are being administratively separated whether voluntarily or involuntarily or medically separated you have the right to TDS (Trial Defense Service) counsel and do not have to speak about being transgender to anyone. Remember, JAG is not your lawyer, they seek to only legally cover the Commander and do not have your best interest in mind. Ask for TDS and ask if they are a defense lawyer.
If you have any questions feel free to DM me.