AR 40-501 Chapter 5 section f2 shows that a person taking meds for type II diabetes can be deployable if the conditions are met. I meet the conditions and have been in the Army for 19 years and 2 months. I gave my life to the Army and plan to continue hopefully to achieve the rank of SGM. I have been diabetic for four years and in that time was selected to a special position at the Armed Forces Radiobiological Institute, was promoted to SFC and received awards including the Defense Meritorious Service Medal. Suddenly one day my PA noticed I was diabetic and referred me to the MEB. I was deployable right up until I was assigned to the MEB. Now my results have come back unfit, even though my endocrinologist doesn't understand why. I really want to remain in the military. Please advise on how to get the decision reversed Should I use a military lawyer or a civilian lawyer?
How can I reverse an unfit for duty finding?
- Thread starter Trish101
- Start date
If the results of the IPEB are unfavorable, appeal to the FPEB.
If the results of the FPEB are unfavorable, appeal to the Service Secretary
At this point you will likely be over 20 YOS.
If not ask for selective continuation to 20 YOS.
If the results of the FPEB are unfavorable, appeal to the Service Secretary
At this point you will likely be over 20 YOS.
If not ask for selective continuation to 20 YOS.
Chapter 5 is really not applicable in the case. Chapter 3 would be the appropriate guidance.
3–11. Endocrine and metabolic disorders
The causes for referral to an MEB are as follows:
a. Acromegaly with severe function impairment.
b. Adrenal dysfunction that does not respond to therapy satisfactorily or where replacement therapy presents serious problems in management.
c. Diabetes insipidus unless mild and the patient shows good response to treatment.
d. Diabetes mellitus when proven to require insulin or oral medications for control.
e. Goiter causing breathing obstruction.
f. Gout in advanced cases with frequent acute exacerbations and severe bone, joint, or kidney damage.
g. Hyperinsulinism when caused by a tumor or when the condition is not readily controlled.
h. Hyperparathyroidism when residuals or complications of surgical correction such as renal disease or bony deformities preclude the reasonable performance of military duty.
i. Hypofunction, adrenal cortex requiring medication for control.
j. Osteomalacia with residuals after therapy of such nature or degree as to preclude the satisfactory performance of duty
As you can see above, the standards for referral with DMII are pretty low, it just takes the presence of the condition and any meds. Follow the guidance given by @chaplaincharlie above and appeal to the FPEB if you are at the IPEB stage.
As far as the question regarding attorney is concerned, in hindsight, I would have used a private attorney such as www.peblawyer.com With the Office of Soldiers Counsel, you will be assigned an attorney and they really do not spend much time on your case during the process. They are useful for having a memo drafted or just ticking the box that a lawyer has been assigned.
Thank you very much.
I wanted to let you know that NVLSP has assisted several service members in being found FIT for duty at their Formal PEBs. We would be happy for you to apply for NVLSP’s services. We are a non-profit and our services are always 100% free of charge. Contact us at info@nvlsp.org; or www.nvlsp.org/what-we-do/lawyers-serving-warriors.
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