Calling for help on possible relief MEB/PEB years later

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USMC89

PEB Forum Regular Member
Administratively Discharged Wt Control. However, VA SC 40% day after discharge. PTSD Issues, Marriage issues while in service. Within 5 years after discharge from USMC I was 90% SC with 10% I/U and receiving SSD. VA 50%, 40%, 20%, 20%, 10%, 10%, 0%, 0% with a few issues that haven't been addressed. I received a General under Honorable Discharge. When I was discharged I had 4.3/4.2 Pros and Cons, 1 Surgery minor low back area surgery, 8 months limited duty (still on at time of discharge), was on Presidone and had been assaulted by a vehicle causing Back and bi lat knee disabilities. I missed formation (no NJP), but with Letters of Appreciation, Good Conduct, GWOTSM, ND, and Navy Unit Commedation Medal, Expert Rifle 2 times, promotion to Cpl was non ranked for months because of the last year for being on Wt Control. In admin rebuttal letter requested not to be discharged but if Command refused....Medical Discharge was requested (never addressed).....What are my options for relief at this point....I always felt that I should have had a full honorable, second I feel slighted a little as not making Cpl but I should have been medically retired.... Advise, resources, etc...very much appreciated.
 
The most likely avenue to address this is by submitting a DD149 to the Board for Correction of Naval Records.

Search on this site for BMCR (the Dept. of the Navy uses the BCNR name, but it is the same process). You can also search and find a fillable .pdf version of DD149 on this site. If you can't find, let us know.

It sounds like you have a valid claim. I hope all goes well for you.
 
Do I have any chance with a MEB or PEB medical retirement? If so how would you argue it?
 
As far as outcome, it is hard to give an opinion except based on what you said. The 40% SC sounds like it bodes well, but that too could depend on the breakout of conditions. Bottom line, though, is that there is little to lose and much potentially to gain by pursuing this.

As far as the argument, it is pretty straight forward. At the time of separation you had a condition that required an MEB and PEB. This would have trumped any admin discharge. At the time you were unfit. Therefore, you should be retired at whatever is the appropriate percentage.

The part that can be more difficult is applying the facts and evidence in your case to the law and regulations. This is can be a bit of an art, drafting a good appeal. However, there are plenty of people who are successful in appealing.
 
I was in the same boat with the Army. Been out for 3 years never got the MEB discharged before the medical proccessing even started. I requested correction from Army Correction Board, took 6 months got approved now I am supposed to go through FT Stewart for possible PEB/MEB. Confusing part for me is I am not in the military any more. Rated 100% from VA. One of the peblo's at Stewart was saying I was the second person they have done that was completely out. I am waiting word from them what to do. I have not been assigned a Peblo yet and wondering how this is all going to go down. I wish I could talk to the other guy that wasnt on AD going through a peb/meb. A learning curve for me,
Mike
Good Luck !!!
 
Mike,

Did you ask for back pay for the period that you were wrongfully discharged? If your conditions are combat-related, you may not have an offset from your VA compensation. I have seen a number of cases like yours. What do you want to have happen as far as your status while processing through the MEB/PEB?

Hope all goes well for you. Best of luck!
 
at the time the disabilities were knee 10 knee 10, back 10, tinnititus 10, scar 0, tinea pedis/corpis 0, however counseling (PTSD) but not know at time (marriage issues, relationship issues, after losing a lot of friends...happened, but still had high pros and cons...after service I had 50% ptsd, 40% back, 20 r knee, 20 left knee, 10 tinnititus, 0 tinea pedis/corpis, 0 scar, and some others.plus migraines (not yet applied sc) 90% but 100% I/U with SSD with Independent Living Services and unable to do Voc Rehab
 
va docs and ssd docs concur all disabilities happened in serv and ils is trying to make like easier to be independent. rehab docs at va say they can't help relieve me and are sending me to pain management because they don't know anything else to do to help me. At this point it is just the mission to keep me out of as much pain as possible and try different things in the meantime to try to resolve the service related disabilities per docs. How would you argue case on 149?
 
I live in Florida not on any duty status. Got assigned a PEBLO this week in Georga. No one has explained anything to me. I am sure I have some exams or something. The Army Correction Board agreed my prolbems were in line of Duty and combat related. They originally said I would have voluntary travel orders to go to FT Stewart and another letter it stated I needed to be reinstated. Got out Mar 2007. Just wish I knew what happened to other people or whats going to happen to me.
Thanks
Mike
 
I had 149 pages of medical records mostly civilian from Tri Care remote, and military records to support my 149. I had them in a binder with tabs and indexed. Expext out what you put into it.
 
Going for my medical records review at Stewart Dec 3, 2009 for possible MEB, Really confused they stated they werent sure if they were going to put me on orders for the single trip up there or give me 30 day orders. The confusing past for me is I am out of the system. I am off AD (over 2 years) and medically boarded from the reserves. I dont have a ID or anything. This will be interesting. Has anyone heard of being called back for MEB? I asked for it and got it, but not sure what Im getting. Would like the tricare; VA is lacking in my opinion.
Mike
 
You will have to be on orders to get on base, your reserve unit will proberly put you on travel orders.
If still in reserves you should have an ID card, if not get one before you go.
 
Thanks for the email back When I got medically boarded from the Reserves I got a retired GRAY Area ID card. Nervous about the whole thing; going to call Ft Stewart about orders next Thursday. That will be 2 weeks prior to leaving. The Fort Stewart WTU lady said she would put me on orders maybe up to 30 days. I made reservations at billeting today for DEC 2. for the review of my records. I am hoping and praying this will go smoothly, I am getting used to the stand in this line for a year or two govenment thing.
Mike
 
Made it to FT Stewart SEP 2009, have a Cardiac appointment at Ft Gordon FEB 22, 2010. Getting orders to get there is always a problem. The Army Surgeon Generals Office treats me like trash. I recorded every conversation. LOL. What goes around comes around. I feel for all those who follow. I actually have a news agency looking into my case. Cant beleive I had to stoop so low. I have been working on FFD since Fall 2006. Maybe my actions will change the path of those who follow. Things need to change. I can almost garentee the people I deal with have never been deployed. Does anyone know how I can get legal counsel? I just want to be treated like a human, and not have to beg for appointments and travel orders.
Mike
 
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