14yr e6 AGR with AirGuard on MEB status as of 21Feb

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CKraus

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So my husband is very concerned and is not getting many answers on his fate. A little back story... He's got 8yrs AD wth the AF and did the Palace Chase for his remaining 2 years left of his AD enlistment to transfer to the Air National Guard serving a minimum of 4 years. He is now past that contract by two years and since he has held an AGR position he has a total of 14 years AD as of January 2016.

My husband has been on 9 different deployments to Afghanistan. His last 4 deployments have been SAR and have had their toll. One of his buddies that has specifically been on the last two Kandahar/ Bastion deployments commit suicide in March 2015. Well it stirred a bunch of stuff up and a lot was put on him as far as escorting him home, funeral arrangements, estate stuff.... We are still dealing with things. Well less than a month after he passed my husband was injured and had to have emergency triple hernia repair. That was a week before we had our second child. And month three he started having severe anxiety. Another guy in their shop called us in the middle of the night and was suicidal and it was shortly after that my husband decided he needed to reach out.

He went to his commander and he suggested grievance counseling. So after trying to fix himself he buckled and scheduled with mental health. So everything has been great. He finally found a medicine that worked, after multiple failed meds. He is on one antidepressant, one take as needed anxiety med, a thyroid med, and testosterone gel. They said the thyroid was slightly low and his testosterone 2 points under. They said that can effect how the antidepressant works. Well his MH therapist has said he has "signs not symptoms of PTSD". Therapist has widely noted he is doing grievance counseling.

So yesterday his flight doc did his 5y annual exam. He said that with the active counseling along with his medication that my husband can not be World Wide Deployable. And just like that he is up for a Med Board. So his enlistment is up the beginning of May. He is non-Deployable and non-promotable. He literally just had his final EPR input a few weeks ago and a position "opened" today for his Master Stripe in his shop (he is the only one eligible). His final enlistment is in May and this was going to set his minimum retired rank. Well his AGR slot banks on him being World Wide Duty qualified and right now he isn't. The flight doc said that in the AD Air Force the counseling and meds wouldn't be issue but the Air Guard has different standards/ regulations/ clauses. He wouldn't have seeked treatment had he been informed of that. So they said not to worry he will have a paycheck throughout his MEB process but he is one enlistment away from full retirement and he has been financially planning on fully retiring and that could be yanked away.

Is there anything he needs to do to cover his ass? He wants to stay in and promote. What will help his case? He just wants to be prepared and they've already Med Boarded out two people in his shop with over 15yrs but under 20. The only reason he hasn't promoted is in the last 5 years is because the AGR slots are hard to come by. He has a great record and has passed all PT tests minus a waiver for his hernias. Would he be able to waiver this counseling? He'll do anything to stay in for his full 20+.

I tried to include anything and everything pertaining to this situation but if you have questions I'll try my best to answer them.
 
It seems you have been thru a lot with your husband. From what I read you may be his best advisor. Does your husband have any conditions the medical knows about.
 
What I mint by conditions was. Any diagnosis other than mental health.
 
He can't really waiver the process, unless he wanted to just separate without any benefits, which would be quite silly. The MEB/PEB process can return a fit for duty. Commander's input can be a big help towards that. If he can show he is able to perform with the condition and treatment, that, in theory, is all he needs. This is best accomplished by taking each "limitation" and showing how it is minimized. Motivation levels have returned with medicine (thyroid and testosterone is actually probably a better explanation for these type of symptoms than MDD). Counseling has enabled a positive world view after the tragedy, which never spilled over into work, and has improved home life considerably. Its hard to say exactly, but that sort of thing. Specific problems, specific counters, then backed up by commander/co-workers.

Its a quite nerve-wracking process, with little feedback in how things are going. Throughout, you will probably be at wits end wondering what they are going to do with him. Its also scary because the stronger the case you make for being fit, the weaker the case becomes for getting medical retirement (separation is a pretty crappy deal)

Financially, if he can get CRSC and a MEB retirement, you may be just as good, or better, than you thought you'd be if he made it to 20 normally. So there is a possibility that leaning into this may be the best course. It doesn't sound like it, it sounds like he probably has a good case for being fit.
 
He did have shoulder surgery after a work related injury while he was on TDY in April 2014, he ignored it for a while trying PT but when they did an MRI they had him in surgery about a month later December 2014. He had cortisone injections for his knee after an injury on deployment from 2012. He was not on profile for his knee but was on profile after his shoulder surgery. Actually that PT test after his shoulder he didn't have to do push-ups for his PT test. He still passed it. And he never missed a PT test for his knee. However this triple hernia repair April 2015 still has him on profile and he had to skip everything but the waist measurement which he absolutely passed. We shared a hospital room for recovering, him for his hernia repair and me for my cesarean. Military logic scheduled his surgery a few days before my due date but it was the soonest he could get in so he took it.

Is it better that I suggest he is honest, which will most likely get him medically retired or should I just stand by his thought of this being grievance related? Is there a difference for him financially retiring at 20+ years vs being Medically retired? He is trying to hold onto his base access insurance for both him, I and the kids (we have an almost 1yr old and a 2yr old) and not have to use VA. He wants to go back to school afterwards and has completely suspended any thought of working as a civilian LEO or EMT, which was originally his plan. I am a college graduate with a career so the financial stress is not on him, however, our retirement plans were banking on his retirement pay and VA benefits being put away along with his TSP.

I have no retirement options with work unfortunately. We are 7 years from paying off our house and he only has 6 years left until his 20 year mark but he was hoping to do 7. By then all our loans will be paid- vehicle, car and truck. So this possibility puts a wrench in our retirement plan. I need to know financially what his best option is. Mentally we are screwed because if he stays in he deploys in June. If he gets out he will feel like a failure, no matter how I try and assure him otherwise.
 
If he is rated at 30% for unfit conditions he will get retirement, which will allow him to keep insurance, etc.

Financially, reaching 20+ years is better. It allows him to receive both the retirement paycheck and the VA disability check through CRDP. Normally it ends up being, in effect, only the higher one. If he has problems that are related to combat (simulated, training, hazardous duty too), this can also allow both checks with CRSC without reaching 20 years, so that can even things out. Retirement checks are always largely dependent on the years of service and base pay, so another 6 years will play out to be a benefits.

Example: 13 years E-6, 100% VA rating and 60% CRSC ends up with about $3000 va and $1000 CRSC, both tax free. That isn't a bad place to be. A 20 years E-7 with 100% VA and CRDP ends up with about $3000 tax free and $2200 taxed. Better, but really the E-6 isn't screwed over in any sense.

So a great deal of questions that are difficult to answer. Not least of which is what conditions they will find unfit and their rating. You won't have clear answers on that until all the information is already out there, so too late to influence much. Looking at militarydisabilitymadeasy.com or the VASRD can help get an idea on the rating question, but that will still largely depend on the exam.

I find it hard to advocate against just laying your cards on the table. I'm not sure it is really dishonest to keep some cards close to the chest if you want to remain fit. After all, if you can keep them close to your chest, likely you can keep the problems from being present very often at work, so ultimately that supports a fit finding. The problem is often we're not as good at bluffing as we think we are. Not showing your cards, during the exam for example, can help a great deal towards a fit finding, but if there is other information that shows you're bluffing that can backfire in a low rating, no retirement, and still getting an unfit finding.

They put him in for a MEB. So obviously some of his cards are showing. The safer bet is to call and show em everything and play the next hand. He may have a good hand that will let him win what's out there. Maybe a fit finding, even when everything is laid out, maybe retiring in a good financial position. It is just that there are definitely examples of those who bluff their way to keep in the game and build up the pot. It sounds like he is performing well at work, so it sounds like the cards showing aren't something that can't be bluffed past.

It is of course ok to fail at somethings. Those who never fail never tried. I can't say I don't feel like a failure. Its hard going from the level of respect and confidence of being a top performer down to someone who can't make the grade. The MEB ultimately represents not a lack of effort though, but simply the reality that the military is probably the most demanding career out there, and sometimes those demands play out in heartless ways. Its hard even on those who lose a limb, so it will be harder on those with less visible problems.
 
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Thank you so much for your replies. That is exactly what he needed to know. J just got home from work and gave me a huge rundown of good news. I immediately searched out help because I heard MedBoards can take years, J was freaking out and this Flight Doc made it seem like he had already talked to his Psychiatrist and Psychologist. That was not the case at all. The Flight Doc saw the meds he was prescribed and immediately profiled him for MedBoard due to PTSD. J was told today by an AD PJ that's like an ER doc recommending a MedBoard when he should just be putting you on quarters to follow up with your PCM or writing a referral.

So good news!!! Colonel came down to J's office and informed him that the promotion is a Squadron process and the MedBoard is a Wing process. So J will be able to put in for the Master Sgt AGR position and no one else in his shop is eligible. He can't sew the stripe on, if he is selected , until he is WWD qualified again but he can secure the stripe. Apparently the commander called J's psychiatrist to discuss expediting the process and he got word today that the initial MedBoard would be held tomorrow. He met with his psychiatrist today who said this was ridiculous that a Air Guard Flight Doc put him on a profile and a decision like that was supposed to be made by J's treating doctors. Also that his notes will reflect that with a recommendation retention and that he can RTD immediately. The DAWG is made up of an active duty panel so his psychiatrist seemed pretty sure they'd render him Fit for Duty and worst case scenario they'd require a 60 day review to make sure the med combo is still working. At that point he'd be on the current meds for 90 days. The psychiatrist is personally calling to verify J's records and recommendation were received and also planning on throwing in J should RTD verbally.

So Colonel also let him know, come June, he can deploy. J said she seemed overly optimistic and he won't believe everything until it's officially documented but I would have never guessed this was an option because as of Sunday no one had any insight at all and treated him like a dead man walking. Again, thank you all. He greatly appreciated the prompt responses. And I appreciated the ease he felt knowing even if retired medically it wasn't leaving him high and dry. The camaraderie on this site is astonishing.
 
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