Hello Mr. Puckett,
I have been attempting a cost effective solution to a base debarment on Okinawa to no avail. I attempted two appeals and both times was informed that there is no compelling reason to amend the debarment. Last year I inquired about limited access for medical treatment and after many months finally received notification that this was conditionally possible. Based on the wording of the reply and on line research I am of the opinion that medical treatment for retired military is a statutory right that can not normally be denied. This being the case, considering that it was made clear on both appeals that I am a retired Marine that the decision to uphold the debarment with no provision for access to medical treatment was arbitrary and capricious. I am currently trying to inquire about emergency room access should a medical condition arise that would make it impractical to make an appointment. The only answer I have received is that that issue was already addressed implying that only with an appointment I can enter the base for medical treatment.
I read somewhere that the debarring authority can be held liable in a civil suit for an arbitrary and capricious judgment. I have known about this for some time but did not wish to take that course of action except that now I believe that the administrative action imposed on me for my offence is far beyond what is necessary to achieve good order and discipline aboard the bases here in Japan.
My financial means are limited but I can pay the $100.00 for a consultation if you believe I stand a fighting chance at this.
I was medically retired in 1995 and placed on TDRL for depression. Later I was placed on the permanent disability list at 30% for bi-polar disorder. I have been administered numerous meds that were mood stabilizers that I believe modified behavior. The side effects of these meds were severe to varying degrees and shortly after suffering a seizure while driving that was attributed to the meds I refused further treatment as I believed the meds were killing me. All this time I had been undergoing screening for chemicals in my system. AFter refusing treatment to deal with the cold turkey effects I began smoking marijuana which relieved nearly all the symptoms of my original diagnosis. I eventually got busted when the Japanese police showed up at my off base residence with a search warrant and the rest is history.
I am and have been clean since being released from pre-trail confinement and are self employed which enables me do modify my work schedule to deal with the bi-polar issues without meds. I deal with confusion, and difficulty concentrating and sleep disorders but all these issues are still 10 fold better than the side effects from the meds I was given. I would take my own life before I would go back to that treatment.
Sir... I just want a chance to get my life back in order and to make a reasonable living which is nearly impossible with the debarment. If a civil suit is an option I don't need anything from any potential settlement. Just the ability to earn an honest wage would be good enough for me.
Please let me know if there is anything that can be done.
Sincerely,
Roland Henault
81-903-793-1722