Can Navy ADSEP for PFA Failure during PEB?

G

greengal13

PEB Forum Regular Member
Registered Member
Hello,

I can't find a clear answer and am looking for some help. While in the PEB process, can you be Administratively Seperated, specifically for PFA Failure?

Any help/referances would be appreciated. Thanks!
 
Once your MEB/PEB is sent to DC, the Navy can't legallly ADSEP you. But if you are just starting MEB, that's a gray area. It's shaddy for a Command to ADSEP knowing you are going into a MEB or thay just do not know. I do not have the REF: of hand, but there are plenty of threads here that site them. I'm in the same boat. Actully my command just gave me my ADSEP papers to start this last friday, I took it to NAVY legal and thay shot it back to my command saying thay can not do this ( I already knew this, I was just going along with the waves ).
 
Alibs,

Thanks...that make me relax more! Yes, I'm in the PEB process, with my package being in DC since November 18. I'll keep looking for a referance (or maybe someone else can point me in the right direction?). Or, I can always do a walk in to Navy Legal.

Best of luck to you!
 
The answer is yes. You are still held to the rules of the UCMJ, and if you are unable to meet standards, and it is not related to your medical condition then yes they can seperate. They also have the option to demote you if they feel that it is a gray area. Look for the navy reg on Administrative action.
 
They should not separate you for non-misconduct reasons if you have a condition that requires an MEB. The Navy takes an odd position about needing to have your MEB submitted and accepted by PEB prior to EAOS/ETS. I think this position is flat wrong and would not stand a legal challenge. (Just as a hypo, so long as you are on orders, lets say on your last day of service, and you are hit by a car and lose a limb, it is very clear that 10 USC 1201, authorizing retirement pay if you are rated at 30% or more, would apply to you. I think the Navy is getting away with murder by separating folks early; Also look at MILPERSMAN sections on ADSEP, most of them have limitations on separation if you have disabilities and/or require an MEB/PEB).

The answer you will get from "official" sources may hew to the party line. However, statutes, case law, and regulations indicate they can't ADSEP under conditions described in your post.
 
On an other sub-related topic. I was just given my pg 13 stateing my 3 PRT failure. Do I have anything to gain in my favore submitting a statement saying I have had difficulties maitaining my fat due to my medications. I have found some web sites listing weight gain as a primary and secondary side effect. But recent Navy PRT regs prohibit body fat waivers to only expecting mothers.
 
I would consider doing so, even if just for the fact that it states your point of disagreement. The only caveat is how your command might react. The overall value of the statement is probably small, but may be helpful in later appeals (if necessary). At the same time, I would weigh the command's attitude, their likely view of your rebutting, and whatever help or assistance you may need from them. I think the answer is really dependent on the facts of your situation.
 
Thanks Jason. I'm still thinking about it. I do not want to make any waves. I am on shore due to my PEB and just a name here, even when I'm working in an office next to my CO/XO and CMC. It would be differant on the ship, the Command would be fighting for me.
 
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