I NEED HELP ASAP

J

jonessy

PEB Forum Regular Member
I posted a new thread under orthropedic injuries about a month ago with no response. I had over 80 views but no replies. I'm in desperate need of some advice ASAP. My package was sent in as a RILO and return to duty with ALC C2 and medical defferment for deployment with an indefinite suspense. I received this decision on Friday. My PEBLO told me that my PCM pretty much dropped the ball and that my summary was poorly written and that he says even if I have the surgery my foot pain will not be completely gone and that I will never be able to run again. AFPC says that I can remain on Active Duty and for the PT test I can do the 1 mile walk. Because my job in the Air Force is a desk job that doesn't require standing or walking there is no need to separate. I have AAFFD (adult acquire flat feet disease). I have already has 6 surgeries that haven't worked, and I'm schedule to have 2 more surgeries including a total foot reconstruction. If I had any other job in the miitary I would be getting an MEB for separation. My commander will not let me reenlist because I have had 4 PT failures since this has all began. My DOS is 2 Dec so that means I will be out of the military tomorrow which leaves me with today and tomorrow to outprocess. I have 13 years and 10 months in the military and I am being separated without anything. Is there something that can be done at this point?
 
Talk about the last minute... Anyhow I see two issues here:
1. You got a RILO/RTD (and accepted it) when it should have been a separation/discharge type one.
2. Your getting an admin discharge as the result of #1

Clearly you fell through the cracks, your medical condition DID affect your job (a passing PT score is part of your job). However the exemptions should have allowed you to pass your PT unless your lacking in other areas.

Not sure if this still applies or not:
http://usmilitary.about.com/od/fy2006paycharts/a/seppay.-uNR.htm
http://www.law.cornell.edu/uscode/10/usc_sec_10_00001174----000-.html
 
I haven't signed the RILO yet, so I guess that means I haven't accepted it as of yet. I went by the PEBLO office yesterday but someone else had my package. My PT test consisted of height, waist, and weight only; no cardio, no push-ups, or crunches. Because I haven't been able to do alot of exercise because of my feet and heart, I gained weight and therefore failed the PT test. I just think what they are doing is wrong, If I had a job that required me to be on my feet, I would have gotten anything but a RTD and get out by 2 Dec.
 
Can you talk to the MEB section or the ombudsman? Have you had any luck going to the HAWC to get exemptions from PT testing based on your conditions. I think you need to run down these avenues, if possible. With this short time frame, it may be hard to address, but have you gone to Legal Assistance? In a worse case, you will have to fight this with a Discharge Review Board or a BCMR application. Were you counseled about not being allowed to re-enlist?
 
Unless I’m mistaken…..If you haven’t accepted the board’s findings yet than you should still have the option to disagree with the findings (as opposed to just signing the paperwork). Tell your PEBLO that you disagree with the findings and would like to request a formal board. If your separation is due only to your enlistment being up….not an administrative separation…than I think they have to allow you to extend until the board reaches a decision? Please correct me if I’m mistaken…
 
He is still at the MEB level and they are saying his condition does not fail retention standards. So he can't demand a formal. However, I would be very interested if they evaluated him using the old AFI 48-123 or the September revision. The new version is more restrictive generally.
 
After much running around yesterday and going back and forth with AFPC, my separations section at the MPF was able to get me a 30 day extension to do my outprocessing. So now my DOS is 2 Jan 10 instead of today. I received and email from the MEB admin to come by and review my package today. My deputy commander was told by AFPC that my MEB was denied but they didn't say why, I guess I will find out more tomorrow. I have gone to the HAWC and I am exempt from everything but height, waist, and weight. Under the new AFI (not the one that takes effect 2010), you still have to do the measurements. I have argued the fact that I can't do any cardio type exercises to burn calories to help my lose weight but their only come back is I can diet to lose the weight, true enough but it takes time. Since I have 30 extra days, I will be going to legal this week to find out what my options are. I'm anxious to see what was in my summary.

Shalonda
 
Shalonda,

That is good news. If your duty performance is significantly limited, you have a good argument that you fail retention standards. I would also look into the VA Benefits Delivery at Discharge (BDD) because if everything goes wrong, you will have both compensation and a rating that will bolster any appeals.

If you post something and don't get a reply within a few days, feel free to "bump" your post. Sometimes posts get missed if a lot of people post at the same time, or if it seems that your question has been answered.

Best of luck!
 
Since my DOS is under 60 days I no longer qualify for the BDD but I did call the VA and started my Quick Start. All I have to do now is take my records to the VA center tomorrow and they will get started on my package and schedule my appointments before I leave the area. My commander will be signing the 418 tomorrow denying me reenlistment for failing fitness and weight standards. AFPC knows that I failed my PT test because of my feet but they still returned me to active duty. Oh well, maybe it will all work out.
 
Shalonda-
I'm in the same boat (minus the DOS issue): I failed two PT tests because the you-know-whats- tested me not even four months after I just had surgery on my ankle! But I got a referral EPR out of it and denied reenlistment eligibility along with denied promotion.
Did they not even allow you to request a formal board?

Let us know how everything goes.... and if you need any personnel advice (I'm a 3S0)

Take care and good luck!

Sarah
 
I just got my MEB package from the PEBLO office. AFPC says "member has been found fit and is returned to duty with an Assignment Limitation Code C2. Diagnostic code(s) 5276 (analogous), next RILO due Nov 10. NOTE: Case adjudicated as a RILO by DPAMM, IAW AFI 41-210, based upon member's upcoming separation.

Final diagnosis/recommendations from my PCM on my summary is: Patient will need to have surgery on 28 Jan 10. The goal of the surgery is to reduce pain or be pain free with ambulation and standing. Patient will however not be able to run even if the surgery is a 100% success. She will require physical therapy and possible a prolonged recovery time.

Prognosis: Prognosis for patient will be unchanges with or without surgery. She will continue to need to be on profile and will not be qualified for deployment, but can continue to work in the current active duty status.

I wholeheartedly believe that some jerk down at AFPC thought that I was ineligible for reenlistment and thought that I was trying to use an MEB as a way to get out of the military instead of just separating. They told the PEBLO and separations at the MPF that my medical hold was denied because I wasn't able to reenlistment because of a referral EPR. Having a referral EPR doesn't make you reenlistment ineligible you just can't test for promotion.

Should I try and fight this now or wait until I get a rating from the VA?
 
Honestly if I was you, I would fight it with how many years you have in. You have to be extended if you choose to have a formal PEB. I just saw a package a couple weeks ago with a MSgt having to be extended because of her MEB.



Hang in there, and ultimately it's your choice, but look at all your options. It'll be hard, but don't take the easy way out.
 
My view is you are better to fight this now.
 
If the MEB was denied and the RILO done instead, can I even request a formal board? I asked my PEBLO on Monday what my next step was and he said that was it, I had no other options

Shalonda
 
No, like I said earlier, a formal board is the PEB.

This is what AFI 48-123 says:

"10.1.4.14. In instances when members have incidental findings or defects and it is not certain if an
MEB is needed, the MTF may send a narrative summary (Review-In-Lieu of MEB) with an
explanatory cover letter to HQ AFPC/DPAMM for disposition instructions. The Review-In-Lieu
of MEB is used to receive a timely disposition when needed, e.g., separation, retirement, pending
assignments, etc. The disposition by DPAMM is final, and has the same effect and authority as an
MEB. Dispositions are:
10.1.4.14.1. Return to Duty (with or without an Assignment Limitation Code C).
10.1.4.14.2. Direct an MEB.
10.1.4.14.3. Direct an MEB at another MTF.
10.1.4.14.4. Returned without Action (reason will be specified).
10.1.4.14.5. Continued Military Medical Observation and Care."

Based on this and what you have said, I would pursue several issues:

  • Re-enlistment. If there is no basis to deny re-enlistment and you are otherwise willing, I would pursue this.
  • Do you clearly fail retention standards? Look at the AFI, but it sounds like you do. If so, then I would consider talking to ombudsman, IG, etc., to clarify why you don't require a full MEB. Of course, since you are going to base Legal, I would talk to them about all of this.
  • Weight/tape exemption. Again, see what you can do to address this between your doctor and the various assistance channels
  • EPR- Challenge that using the administrative procedures.
I know all of this seems like a lot, and in 30 days, it is. But, seems to me you have nothing to lose by trying to get this fixed and it is generally easier and quicker to address these issues earlier.
 
Update:

My original DOS was 2 Dec 09 so that's when my ID card expired also. AFPC updated my new DOS as 2 Jan 10, but of course MIPDS wasn't updated at the same time. For 3 days I tried to get a new ID card without any success so I couldn't go to legal, the IG, the hospital, or the ADC to find out what my options are. I'm suppose to have my 1st Sgt meet me again at the MPF Monday morning to try this again. I have an appt with the ADC regarding my CC denying my reenlistment. This is what my 418 says: "Member failed to maintain Air Force fitness standards IAW AFI 10-248. Despite receiving 4 attempts to complete the required fitness assessment, sparing 12 months". LOC - 1 May 09 from previous supervisor, LOR - 18 Sep 09 from CC and 12 Aug 09 from SCX. Fitness review panel 23 Oct 09 recommended "no physical exercise" noted membem is not following diet recommendations (as far as keeping an accurate daily log). All 4 of my PT failure were from abdominal circumference only. I was exempt from everything else. I have been reading up on the regulations regarding fitness for retension. From what I read I'm not medicaly qualified based on my feet and hypertensive vascular disease. I'm hoping I can get an appointment early next week with the hospital for my medical exam that's required before separation so that they are aware of the reason I'm being separated and that I have a medical reason why I didn't pass the PT test.

If there are any personnelist out there that know about separations please help. Based on what my 418 says, am I eligible for separation pay if that is the outcome of all of this. I read the involuntary separation reg but it's a little confusing.

Thanks for all the help
Shalonda
 
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