MEB Question

bobcollier100

bobcollier100

PEB Forum Regular Member
My two year AGR title 32 504 (f) orders are due to expire on 30 Sep 2011, I have too many ailments to mention and an LOD and have been referred to an MEB and have already met with my PEBLO. But I recently was given permission to get neck surgery for
an anterior cervical discectomy with osteophytectomies, fusion with allograft bone graft, and segmental fixation from C4-C5 of the spine. It was done on 18 July 2011, the new Medical Group Commander made the statement to me that she wasn't sure if I could get continuation orders? I thought pursuant to: AFI36-3212;

8.6.2 ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than thirty days are not involuntarily released from those orders until final disposition of their disability case. This member’s entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component member

My PEBLO told me that they like to wait 6 months after surgery so it would probably be next July before I would see her again. My question is if the MEB has been initiated can they discharge me without my permission?

I'm on 4T (AF Form 469) it seems like there trying to get me medical hold orders, however I thought they were not allowed to let me go against my will? I have over 11+ years Active duty so the "eight year rule" is in effect, over 15 years traditional/active combined with over 5000 points and I'm 52 years old serving active in the Marines/Army/AF ANG AGR. I don'tthink my command is out to screw me I'm just taking care of me, I'm convelesing now until 16 Aug 2011. Thanks for reading any help would be great. SSG bobec
 
I think you are correct, for the reasons you stated, that they cannot release you until you have a final disposition of your case.

I am fighting more than one case like this in Federal Court where they did just that, released a member before a final decision on the case.
 
As a general matter, I would consider any "allies" you have with clout/rank/power. You commander or First Sergeant could possibly help. Your PEBLO would seem a natural person to go to with this issue. I have seen cases where the Personnel Flight decided that the airman needed to stay on orders.

One thought, the MDG commander just saying she is not sure if you can get continuation orders does not necessarily mean that you won't or they will try to deny you orders. Again, as a general proposition, it is difficult to challenge an action that has not happened yet. You might wait to see how this plays out unless you are coming up on expiration of orders now and they aren't issuing new ones. (As an aside, though I vehemently disagree with their practices, AFMOA seems to have an inordinate amount of impact on the issuance of continuation orders).
 
Looks like we are all going through the same damn thing. It is amazing how messed up the military and some of it's leaders are. We are the ones suffering with injury/illness and they compound our problems by not giving us any info or guidance.
 
MEB Question-Thanks Jason it worked....

My Commander extended my AGR orders until after the MEB. Thanks for the advice, bob.:o
 
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