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Separaciones (discharges) e información para militares

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COMDTINST M1000.4 Personnel Separations (September 2011) Medical Boards

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1.B.14.   Disability
          In accordance with 10 U.S.C. § 1214, no member of the Armed forces may be retired or separated for physical disability without a full and fair hearing if he/she demands it.

1.B.14.a. Medical Board
          A medical board shall be held in the case of an enlisted member when any condition listed in Chapter 3 of reference (c), Physical Disability Evaluation System,   COMDTINSST M1850.2 (series), exists or competent authority directs. Reference (c),  Physical Disability Evaluation System, COMDTINSST M1850.2 (series), contains        procedures for the medical board’s report. If a member has remained in the Service with his or her written consent beyond the enlistment expiration under Article 1.B.11.f. of this Manual, the report shall clearly indicate the following:
          (1) Patient’s status (held beyond normal enlistment expiration date or not).
          (2) Date of admission to sick list.
          (3) Whether the member concerned is physically qualified for discharge.

1.B.14.b. Discharge for Physical Disability
          Commander (CG PSC-EPM-1) may direct or authorize the discharge of an enlisted member for physical disability not incurred in or aggravated by a period of active military service through final action on a physical evaluation board under the following conditions: (See Article 1.B.14.c. of this Manual for an exception as it applies to recruits.)

(1) A Physical Evaluation Board has expressed the opinion that:
               (a) The member does not meet the minimum standards for retention on active duty,
               (b) The member is unfit for further Coast Guard service by reason of physical disability, and
               (c) The physical disability was neither incurred in nor aggravated by a period of active military service.

(2) The member’s commanding officer and district commander concur in the board’s
    opinion.

(3) The member has been fully informed of his or her right to a full, fair hearing and the member states in writing he or she does not demand such a hearing. This statement shall be executed using the following form:

(4) Enlisted members will be discharged for physical disability not incurred in or aggravated by a period of active military service without processing before a physical evaluation board only if the medical board’s report clearly and fully establishes such findings.

(5) If a medical board finds a member is disabled for mental disability incurred before enlistment without any service aggravation, the member will be ordered before a physical evaluation board unless the statement required by subparagraph (4) is supported by a medical determination that the member possesses sufficient mental capacity and responsibility to intelligently understand he or she has a right to a full, fair hearing and fully understands the import of the statement that he or she does not demand such a hearing.
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1.B.14.e. Character of Discharge
          A member discharged for physical or mental disability shall be given an honorable or general discharge, as appropriate, under Article 1.B.2.f. of this Manual.