Height and weight issue

D

dusty19d

PEB Forum Regular Member
I have been in for almost ten years now and never had a PT or H+W issue then I got pulled to recruiting and went from a active always go job to a stuck behind a desk for 12+ hours a days with no time for PT. About the same time I was Diagnosed with PTSD and since then have been on several different medications and inpatient facilities. Right after my last 30 day inpatient stay I was given a PT test and a H+W failing both miserable due to not being able to be active in PT anymore due to my job. Now my chain of command is trying to put me out for those reasons. I am also in the process of a MEB. My question is can my chain of command push through the PT or H+W discharge and I get kicked out before my MEB is compleated or will the MEB put a hold on administrative seperations. Thank you.
 
Thats a tough one. If your Navy they can Admin Sep you. It's not until your package has been accepted by the PEB that they can not. But for a command to Admin sep someone while in the MEB process is crappy. My take is, if the board comes back and says retire, or sperate with severance your out. If the board comes back and says fit for full they can then process you out. Either way in this situation one way or another you will be seperated. The command wins no matter what the outcome is. However, you can have your spouse write your congressman, they all have a military aid, telling him what your command is doing and explain how this all came about. Commands don't like congessional inquires. If you are Navy the reference is here: LIMDU separation, return to duty, fit for duty

John
 
Dusty19D,

Refer them to AR 600-9 ch.3 paragraph 3-2(d). I have had to refer my current and previous COC to this regulation a couple of times for the same thing. It has kept them from flagging me or placing me on the ow program while pending the outcome of my meb. It also kept them from giving me a needs improvement on my ncoer. Hope it helps!
 
I was placed in the weight control program in october 2009 and have been weighed in regularly and gotten all of my counselings. I broke my elbow playing frisbee prior to that and was recouperating from surgery. I have now been referred to the PEB and am waiting on results. I have a profile that says I can't do push ups or situps, but I can run, (just don't like to). I have a new commander and he is trying to put me out of the army on chapter 18, weight control. Can he do that? My first tape in 09 was 40%, and now I am at 41% after a year and a half. help
 
No, you can't be separated prior to final disposition of the PEB. If you are returned to duty, then the separation can proceed. See AR 635-20 for authority stating disability evaluation system processing takes precedence over non-misconduct separations.

Good luck!
 
Does anyone know the Marine Corps regulations for this issue. I'm on my 2nd term BCP but will be going through the MEB/PEB process within the next month. My last month for BCP is November. So the MEB should be over by then and referred to the PEB. Is there protection against this?
 
Ok...If I am understanding this correctly if a SM is flagged for whatever reason, and going through an MEB, that soldier cannot be seperated unless it is for legal issues during the MEB Process?

Now I have heard from 2 different individuals two different things regarding being flagged for Ht and Wt.

My 1SG says that administrative discharge trumps MEB/PEB. A CPT who is on TDY from Bragg said the opposite. Who is right?
 
jsheeh9427 said:
Thats a tough one. If your Navy they can Admin Sep you. It's not until your package has been accepted by the PEB that they can not. But for a command to Admin sep someone while in the MEB process is crappy. My take is, if the board comes back and says retire, or sperate with severance your out. If the board comes back and says fit for full they can then process you out. Either way in this situation one way or another you will be seperated. The command wins no matter what the outcome is. However, you can have your spouse write your congressman, they all have a military aid, telling him what your command is doing and explain how this all came about. Commands don't like congessional inquires. If you are Navy the reference is here: LIMDU separation, return to duty, fit for duty

John
Click to expand...





John or anybody, what is the reference for that your in the navy they can admin sep you for PRT/PFA failure while on MEB. I am on the same boat. My PCM just submitted my Medical Evaluation report to DC for IDES/PEB acceptance. I already fail 2 PFA and we will be doing our semi annual PFA on October and Im sure that I would not be able to pass the body fat measurement. So if you have any reference for being able to be admin sep while MEB please let me know and if there is any reference also that you can not be admin sep while going through MEB please post.
 
Brian Michelli said:
Ok...If I am understanding this correctly if a SM is flagged for whatever reason, and going through an MEB, that soldier cannot be seperated unless it is for legal issues during the MEB Process?

Now I have heard from 2 different individuals two different things regarding being flagged for Ht and Wt.

My 1SG says that administrative discharge trumps MEB/PEB. A CPT who is on TDY from Bragg said the opposite. Who is right?
Click to expand...
The Capt is correct. You can't be admin sep'd for non-punative reasons during the PEB. PEB trumps admin discharge. They can initiate admin sep if they want to play hard ball, but it will become "dual action" and the PEB will have to be completed.
 
SECNAVINST 1850.4E

3403 Disciplinary Or Misconduct Administrative Action
a. The disability statutes do not preclude disciplinary separation. Such separations
as described herein normally supersede disability separation or retirement. Whenever a
member is being processed through the PEB and, subsequently the member is processed for
an administrative involuntary separation for misconduct, disciplinary proceedings which
could result in a punitive discharge, or an unsuspended punitive discharge is pending, or is
pending separation under provisions that authorize a characterization of service of Under
Other Than Honorable conditions (UOTH), disability evaluation shall be suspended and
monitored by the PEB. The MEB Convening Authority should forward to the PEB either a
copy of the Statement of Awareness/Letter of Notification, the court-martial charges, or the
Court Martial Order, as appropriate. The PEB case will remain in suspense pending the
outcome of the nondisability proceedings. If the action taken does not include punitive or
administrative discharge for misconduct, the PEB will continue to process the case. If the
action includes either a punitive or administrative discharge for misconduct, file the medical
board report in the member's terminated health record.
b. Do not submit a case to the PEB for a member who is currently being processed
for misconduct which could result in a punitive discharge as the result of a captain’s mast or
courts-martial or for a member who is pending an administrative discharge due misconduct.
Once all misconduct proceedings are complete, and if still necessary, submit
the member’s medical board package to the PEB for consideration.
c. Notwithstanding paragraph (a) and (b) above, disability evaluation in an
individual case may proceed if directed by the DIRNCPB or ASN (M&RA). In such a
case, ultimate disposition shall be decided by the ASN (M&RA).
d. Non-misconduct/Non-UOTH administrative separations do not supersede or
preclude disability separation. Consequently, final closure must occur on all disability
processing/appeals prior to finalization of Non-misconduct/Non-UOTH administrative
separation by field commanders/service headquarters.
 
Since your case is awaiting acceptance by the PEB your ETS is also(will be) protected. I know there is a regulation that provides a loop-hole for the Navy to separate a SM if your ETS is prior to the PEB accepting your case. I searched, but can't find it tonight. There is always MILSPERMAN, click on below link and scroll to page 6. Look at the bold section. Also, if anyone can remind me of what DTM or instruction provides the language for the loop-hole it would be greatly appreciated.

http://www.public.navy.mil/bupers-n...n/1000/1300Assignment/Documents/1306-1202.pdf
 
NO! If your MEB has started then it is futile for them to even do that. MEB comes before admin separations, however conduct separations are totally different. Just stay calm and continue the MEB and dont even think about what your command is trying to do with that chapter. They are just blowing steam, trust me, the same thing happened to me, but I got my orders before they could even start the paperwork. Even so, just chill out, relax and stay out of trouble.

Personal Experience
 
(AD/USAF) MY CoC was excited to hand me my admin sep paper work. They were/are running my MEB as a dual action. The first couple of months sucked. (I was constantly in the MANS office or the 1sgt) Now everyone has seemed to forget about me... Form what I can see the AF is all about dual action cases...
 
Ok, so I am looking at an MEB for OSD and Depression. My Psychiatrist wrote my P3 profile. He is a civilian, but his Chief is an Army O-5. That individual approved the profile last week. On it they indicated needed MEB. What is the normal amount of time that it takes for the MEB to start once the profile is apporved?
 
Brian, thats a crapshot, I have been trying to get a MEB started for a bit, and just learned that my package was submitted to the DAWG ( a board that reviews cases BEFORE they get submitted....aka a check before the check before the MEB)

So it all depends how your base is setup and the prompness of your care providers; Just keep on them, best advice is to get a high ranking advocate within that circle (I have an O-5 in medical that backs me up) Be the squeeky wheel, but be polite, courteous and professional about it all. Remember, you are looking out for you, and noone can do a better job at that.
 
The DAWG is the MEB. The MEB is your local board that determines if you have unfitting conditions that warrant a PEB. I agree with money, be proactive and stay on top of your PEBLO. Mine realized today that "just wait and I'll update you when I get word" isn't an adequate answer...a periodic check of the system (upon my request) is more like it.;)
 
Just to clarify the DAWG is a stop along the way before your MEB, but the MEB is not the DAWG. It may be semantics and I don't think it should matter too much, but on the other hand, if someone is trying to understand if their MEB is started or complete, thinking that the DAWG is the MEB might lead them to think that once the DAWG has determined WWQ is uncertain, they have completed their MEB.
 
Understood Jason. I guess I should clarify, what I meant to say is that the DAWG is MEB related (happens during MEB phase), not PEB. Sorry for the confusion.
 
Wow..more questions. Once the P3 for Behavioral Health is signed, what is the time frame before I hear anything? Also, I currently have a T2 for my shoulder. Had rotator cuff and bicep surgery in February. Three days after I started PT I was hospitalized for 3 months. Having said that I have as much pain as before so I want to try and get my T2 changed to a P2. Once the process starts can that change be made?
 
Good morning everyone, I have read through all of these forums and they are giving some good direction. However, I am wondering if you can still be Admin Sept for BCP if you are still in the MEB phase and are not yet in the PEB phase? If you have an answer, would you be able to provide a referance? Thank you for all of your help.
 
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