My Commander is trying switch me to the LDES.

J

jimij1180

PEB Forum Regular Member
Registered Member
USAF:

The PEBLO called me yesterday and told me that my CC has requested I be switched to the LDES from IDES.

I have two C&Ps left for the IDES - an optometrist and an appointment for a TBI and/or generalized seizure disorder evaluation.

Can this switch actually happen without my consent? Is there anything I can do?

Thanks for any input ya'll have.
 
Is there some sort of personality conflict? From my understanding after the legal briefing, it is the servicemember's choice. The only reasons I can see a Commander even trying this is to screw you over. They either want you out as quickly as possible for whatever reason or you are close to 20 and they know that if you did IDES it would probably get you over the finish line with the added VA claim time and they want to mess that up so you can't qualify for CRDP. There are plenty of crappy commanders out there who once you aren't of any use to them they toss you aside or become vindictive.
 
RPO404 said:
Is there some sort of personality conflict? From my understanding after the legal briefing, it is the servicemember's choice. The only reasons I can see a Commander even trying this is to screw you over. They either want you out as quickly as possible for whatever reason or you are close to 20 and they know that if you did IDES it would probably get you over the finish line with the added VA claim time and they want to mess that up so you can't qualify for CRDP. There are plenty of crappy commanders out there who once you aren't of any use to them they toss you aside or become vindictive.
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He has never, ever talked to me about it at all. I’m at 18 years 11 months in. I’m gonna call the office of airman’s counsel lawyers in San Antonio today. But who knows...

And to clarify, I've been in the IDES from the start and have no intention of switching to the LDES. There are some rules about the way the VA has to exam TBIs, I just can't find them...QTC is trying to get my to drive >300 miles for that appointment and I really don't want to do that.
 
jimij1180 said:
He has never, ever talked to me about it at all. I’m at 18 years 11 months in. I’m gonna call the office of airman’s counsel lawyers in San Antonio today. But who knows...
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Well there's your answer. He doesn't want you to get to 20 years. We're talking about potentially losing a couple of million dollars in retirement pay over the course of a lifetime. I would pull out all the stops if I were you. Ask him if there is any specific reason why he wants this and see what he says. Let him know that you feel as if he is doing this to your detriment and that you don't think he is looking out for a Soldier's best interests. Tell him that you will go higher/file an IG complaint. Most Commanders don't want to even deal with that once you stand up to them and they stop the games pretty quickly. If there are other Soldiers within your unit that have been allowed to go through IDES it makes it easier to show that he is singling you out under the guise of Commander's authority.

If you don't think this will turn out well for you try to get moved to another unit within your Brigade. Save all your leave, appeal every step of the way, and if after appealing everything you are still short, do a COAD. But I think that with appeals you should be fine if you have a couple of months of leave saved right now.
 
Contact the OAC ASAP.
 
chaplaincharlie said:
Contact the OAC ASAP.
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They are teleworking, they said leave a voicemail and they will call me back. Waiting on that phone call.

This is all so mentally exhausting, like just when I think it can't get any worse - my CC is trying to f me over even more.
 
This is completely unprofessional and probably not legal. I would start an IG complaint, consult legal and inform my congressperson. I know that sounds crazy excessive but if someone was tampering with my medical process to prevent me from reaching my 20 years I would go all out. You should be able to stretch this out and hit your 20 years or come very close to it. If you request a formal appeal before the board and don't agree to tele-hearing that alone should sneak you over the finish line.
 
The Office of Airmen’s counsel said there would be three reasons for a CC to direct the change to LDES:

Non compliance with the MEB process.
Member poses risk of harm to self or others.
Misbehavior or misconduct of the member.

None of these apply. And they are assigning a lawyer to me.
 
jimij1180 said:
The Office of Airmen’s counsel said there would be three reasons for a CC to direct the change to LDES:

Non compliance with the MEB process.
Member poses risk of harm to self or others.
Misbehavior or misconduct of the member.

None of these apply. And they are assigning a lawyer to me.
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Great News!
 
Provis said:
Great News!
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Thanks - I missed two QTC appointments because my father died - I notified the PEBLO and the VA rep that I was flying to his death bed. I was in the hospital not this sunday but last sunday and I was on some medication for three days, I asked the VA rep to reschedule one appointment - that appointment is this friday. There is no way that qualifies as non-compliance and I think the CC's request to swap me was a day before I got notified my father was dying.

Super frustrating fellows... Thank you for all the responses. I'm going to sit down and talk with the CC at some point, I just want my ducks in a row before I go threaten IG and with my congressman.
 
jimij1180 said:
Thanks - I missed two QTC appointments because my father died - I notified the PEBLO and the VA rep that I was flying to his death bed. I was in the hospital not this sunday but last sunday and I was on some medication for three days, I asked the VA rep to reschedule one appointment - that appointment is this friday. There is no way that qualifies as non-compliance and I think the CC's request to swap me was a day before I got notified my father was dying.

Super frustrating fellows... Thank you for all the responses. I'm going to sit down and talk with the CC at some point, I just want my ducks in a row before I go threaten IG and
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It looks like going forward your CC is not going to be an ally. For meetings that are very important I always advise people to bring someone else along as a witness to the conversation. Your legal counsel would be perfect for that situation. Your legal counsel may even help you with responses.

Now that he has done this he will need to be aware that going forward not to do anything regarding you that is perceived as retaliatory. This screw up from your CC will hurt his credibility if he tries to do anything to you in the future.
 
jimij1180 said:
The Office of Airmen’s counsel said there would be three reasons for a CC to direct the change to LDES:

Non compliance with the MEB process.
Member poses risk of harm to self or others.
Misbehavior or misconduct of the member.

None of these apply. And they are assigning a lawyer to me.
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WTG! Always be an advocate for yourself.
 
chaplaincharlie said:
WTG! Always be an advocate for yourself.
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It doesn't give me a warm fuzzy that they WON'T just do it anyway in an attempt to get me out earlier. I'm waiting for the lawyer to get in touch with me and we'll see what they can do about it, contact the CC directly/contact the PEBLO/or both? -_- But if everything fails, there's the IG and my congressperson.
 
You know you don't fit the criteria, so don't over think this thing. Now that you have an attorney, let them drive.
 
chaplaincharlie said:
You know you don't fit the criteria, so don't over think this thing. Now that you have an attorney, let them drive.
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The attorney didn't do much. The complaint I made to the patient advocate about my PEBLO rendered real results. My CC NEVER requested to switch me from the IDES to the LDES. So when the PEBLO called me and informed me of such, she lied.
 
Did she lie, or did she also get bad information?
 
She told me “Your CC requested you be switched from the IDES to the LDES.”

I go see her in person a week later because she is never there. Ask her in person what the rationale was, and she refused to tell me (because the request was never made).

I file a complaint with the patient advocate. The MDG Sq CC over her investigates. Calls my CC. He says no they never requested it and don’t intend to. MDG Sq CC calls me and tells me this.

I request a change of PEBLO. Only one here at my base. I reply, transfer me to another base then. I’m pretty sure anything is better than someone who doesn’t have my best interests in mind, and who isn’t fn honest.
 
I can't imagine her motivation. Bizarre!
 
I have two theories:

1. she is inept at her job and a legit dumbass and/or evil person

or

2. my cc asked why it’s taking so long and she says, “ya can always switch him from this to that” but he never asked?

or

3. he did ask, she sandbagged the request, and then lied to the MDG sq CC

any way about it, it’s fucked
 
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