Search results

  1. 8

    NO PHA before 3 failed PRTs!!

    Ever heard of the Military Whistleblowers Protection Act? 4. POLICY It is DoD policy that: 4.1. Members of the Armed Forces shall be free to make a protected communication to: 4.1.1. A Member of Congress. 4.1.2. An IG. 4.1.3. A member of a DoD audit, inspection, investigation, or law...
  2. 8

    Not sure if i have a case for me to goto the BCMR

    Mike, Great advice in the other thread! Do you think the 3 year period continues to run while the DRB process goes thru it's paces? I believe the BCMR process doesn't slow down the statuate of limitations for filing in court......
  3. 8

    Not sure if i have a case for me to goto the BCMR

    The BCMR will talk to some folks who have served on PEBs. If they say the decision was correct, I'd see little chance of them overturning it. If you then take it to court, the court will typically side with the PEB and BCMR since they don't like to get involved in "fitness for duty" issues...
  4. 8

    No separation pay for failed PFT?

    It may not get you anywhere with the Navy or the BCNR, but it just may get you somewhere in Court.... http://www.uscfc.uscourts.gov/sites/default/files/HORN.Wisotsky.pdf Harmless error vs fundamental error......
  5. 8

    Where Does the BS End???!!!

    Rick, Did you request the participation waiver? I think that AFRC will try to use the Participation waiver, plus the lack of a NEW LOD to deny medcon orders since by getting a participation waiver, you ARE "fit for duty" according to them. The big problem at A1 is a Arky ANG Lt Col named...
  6. 8

    Denial of Disability Rating

    Mike, Not sure that's the only reasons since the VA is involved..... I blew out my knee on AD about 13 years ago......"Severe (type 4/5) Chondromalacia" which required the complete removal of a 1.5 X 1.5 CM area of cartilage in the femoral groove.....and abrasion microfracture..... If I were...
  7. 8

    Sleep Apnea LOD EPTS Determination

    How much weight have you gained since 6 MAR 2009? Has your blood pressure gone up? What does the SLEEP SPECIALIST think? When you mention the "8 year rule", does that mean you have LESS than 8 years AD time or MORE? What was your last period of AD prior to the 6 MAR 09 orders?
  8. 8

    MEDCON and Sanctuary

    NO!!!! that doesn't mean they won't do it anyway........ read my current story in this forum.....mine was denied (despite the mobility restriction) because the Dr said "doing well!" on the followup after surgery.....never mind the note that I was still on crutches and narcotics.....then the Dr...
  9. 8

    What if I chose not to have surgery?

    Start working on your package NOW to include your LOD and medcon orders request. I know this will be difficult for you, but ask your Dr to NOT pump sunshine......we're all "tough" and like to say "it's merely a flesh wound"....but that will be used against you. Things to think about: - I...
  10. 8

    Awaiting AFRC LOD for Medcon!!

    I've spent a great deal of time on the phone with the ringleader of the program at A1.......the "37" will be your savior! They seem to think (and have stated in writing), that unless you need an MEB (ie, you temporary condition may not be temporary), that THEY have the discretion over who gets...
  11. 8

    Writing your own LOD

    Since I've always written my own OPRs (at least the good ones.....), I don't see a problem. No one knows the circumstances behind your injury better than you do!
  12. 8

    Brain cancer in the Air Force Reserve

    Just so you know.......back in the 60's, they found much higher rates of brain tumors in kids who had a certain "bad" batch of polio vaccine......research your condition as much as possible.....and look for any links with any of the things they put in your pin cushion arm before you deployed.
  13. 8

    Brain cancer in the Air Force Reserve

    Eric, were you on orders of over 30 days when you started having symptoms? how many total points do you have? And you aren't on a "P4"? profile....they got rid of it...(but I still refer to "35-10" as the uniform reg...) your were put on either a "31" or "37".....31 indicates a "temporary...
  14. 8

    Hello everyone!

    They didn't give it prior to 911 and since it's a 6 shot series, most people remember it........
  15. 8

    Awaiting AFRC LOD for Medcon!!

    12 months triggers it...or if they know it will take 12 months..... What are your limitations? Can you work at all? Guard or AFR?
  16. 8

    Awaiting AFRC LOD for Medcon!!

    I'm not a fan of the AFBCMR, but this is a case that I think they would view favorably. They will only backdate the orders to the date that your condition made you "unfit" Are you meeting an MEB? Did they ever decline you for orders? Do you have a DLC? Block 31 or 37?
  17. 8

    Medical Continuation Orders Policy for Air Force Reserves

    Is that a rhetorical question? It's not an AFI.....heck, it's not even a signed policy letter. IOW, it's LEGALLY not worth the trons it's made of....problem is, the Federal Govt is the biggest breaker of federal law, and you may find yourself in a situation where the AF says "sue us"........
  18. 8

    The BCMR: It can make a grown man want to cry

    I'm not a lawyer (and I'm certainly not Jason), but here is kind of my understanding....... -The courts avoid getting into the military's "business"......they defer to the military's leadership on how to fight wars, and who deserves promotion. -If you go to the BCMR FIRST (ie, you don't go...
  19. 8

    The BCMR: It can make a grown man want to cry

    The original intent of the Boards was to provide a speedy, fair remedy for service members, so congress wouldn't have to fix every problem with a law. They decided that senior civilians should sit on the board so that they wouldn't be influenced by the whims of the "military brass". Early on...
  20. 8

    Awaiting AFRC LOD for Medcon!!

    Looks like Grantham retired...... SMSgt Kobilis......either completely incompetent, or (IMHO) extremely dishonest...... Maj Carole Kindred.....likes to play Dr.......(see Robinson v. US).....50 YO NC Major. Mr Mike Fedorsak.......the "top cover" at Scott......refused to talk to me...made the...
Top