19 1/2 years

Husbands PEBLO called Friday and said Preliminary findings were back as unfit but the PEB memo is dated 29 Nov... Is this normal?

He is trying to be found FIT for duty so We can get 20yr retirement...

 

[smacinnes40]

yes cause sometimes the PEBLO are backed up, as far as requesting fit for duty, that would coad which allows for 5 more years or less of service. The PEBLO should know about this but first i believe the packet has to go before the VA and back to the PEB. You may be able to appeal but that is something to discuss with the PEBLO.

 

[CJacobsen]

19 1/2? Hope it works out.

 

[No Slack Bayonet]

Why hasnt he dropped his 4187 to retire?? You need to get a lawyer! They cant just drop him at that time trust me have a soldier in my unit with the same thing. After 18 years he's covered by different regulations concerning career soldiers not getting screwed out of their hard earned money!

 

[Jason Perry]

Why hasnt he dropped his 4187 to retire?? You need to get a lawyer! They cant just drop him at that time trust me have a soldier in my unit with the same thing. After 18 years he's covered by different regulations concerning career soldiers not getting screwed out of their hard earned money!

I think you are referring to "Sanctuary." Unfortunately, reaching 18 or more years does not protect a member from being separated or retired due to disability.

With 19 and a half years, though, it would seem likely that by exercising all appeal options and taking maximum time allotted at each level, he would probably be able to make it to 20 years.

 

[Texasharp]

He picked up retirement orders today. We are awaiting our formal PEB. His condition is rare and he is considered to be in remission ( it is an Autoimmune disorder but takes a chemotaxis medication). by the regulation he is unfit BUT why do they not look at the whole picture? He is currently Cadre and NCOIC of S3 shop in the WTB (which is a 2 year assignment so he wouldnt be required to deploy and we would be retired anyway) Also, there recently was a change to the reg and because his med doesnt need special handling (he takes a pill once a week) he is not nondeployable anymore. We have letters from his Dr's at Walter Reed that PCS'd to Hood same as us (been with us since diagnosis in 2009) and a Dr from New York University Med Ctr that is a world renowned expert in the disease.

Is there anything else we should be trying to dig up to take to FPEB?

 

[Texasharp]

Why hasnt he dropped his 4187 to retire?? You need to get a lawyer! They cant just drop him at that time trust me have a soldier in my unit with the same thing. After 18 years he's covered by different regulations concerning career soldiers not getting screwed out of their hard earned money!

we were originally told when we started this process one year ago that this would take precedence and we could not drop retirement. Then a month after 19 years the Maj he works with asked if he knew he was "riding the ststem"? ofcourse He didn't he was going by what he was told. The Major made a call and he was dropping off packet the next week.

 

[Jason Perry]

Getting to 20 years offers many advantages. But, disability processing does trump length of service retirement.

I am not sure about your goals...you do realize that an unfit finding with 20yrs or more will basically lock in a 50% payment minimum (same as length of service), and he could get a higher rating? It may be that a fit finding is best for him, it just sounds, from your first post, that you may not be tracking on what a disability finding means. It is the case, though, that getting the 20 years of service will open up Concurrent Retirement and Disability Pay (CRDP).

I think he should be taking the maximum time to respond to every step, and exercise all of his appeal rights (including VA rating decision reconsideration). Given how close he is to 20 years, taking into account processing of his outcome and outprocessing, he likely has a good chance to get to 20 years.