Legal Question in Military Law in California

HIV,drug use and Other Than Honorable Discharge

In 1986 while serving in the Navy I was diagnosed with HIV.I was re-assigned to duty in Calif. It was a tremendous blow to me.I was never given proper medical attention (mentally)and it really had an affect on me.I re-enlisted against the Navys wishes.Things happened after that which encluded threats to go to my Congressmen because of the way I was being treated.Not long past and I was brought up on drug charges which were false.I knew of drug use in my dept. and refused to rat out my fellow sailors which I feel was the reason for the charges.I was awarded Brig time and a reduction in pay grade and afterwards sent to another command as a Gate Guard.

I was told I would never get to do what I was trained for again.I was very young and confused and was unsure as to my future in the Navy.I told them I wanted out and they gladly gave me an OTH.Even though it has been determined by the VA that I contracted HIV while in the service and am now getting medical attention for the virus a lot remains unresolved.I cannot forget what happened and never will.I would like to know if I can get my case re-opened.I do have more information for you guys if needed.Please help me.


Asked on 2/27/04, 11:48 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: HIV,drug use and Other Than Honorable Discharge

If your claim against the government is for medical negligence related to the HIV diagnosis and failure to provide treatment for the mental sequelae of that condition, its probably barred by the Federal Tort Claims Act because it is incident to your service.

If your claim is for appeal of your conviction and brig time associated with the drug charges, you probably are out of time to file such an appeal.

If you desire to correct your military records you can appeal to the Board for Correction of Military Records.

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Answered on 2/27/04, 12:58 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: HIV,drug use and Other Than Honorable Discharge

If the matter you would like reopened is anything related to your VA claims, you should contact a veterans organization, such as the Disabled American Veterans, Vietnam Veterans of America, American Legion or Veterans of Foreign Wars. Under VA laws, private attorneys are not allowed to represent you on a paid basis at any point before the Court of Veteran's Appeals stage. At that point, the government pays for your representation under a schedule. This system was designed to protect poor veterans from unscrupulous attorneys (at least allegedly). You can only be represented at this stage by an unpaid attorney, or one of these organizations.

All these organizations are actively involved in this function and maintain attorneys for this purpose. If they are paid, it will be by the organization, not you.

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Answered on 2/29/04, 10:45 am


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