Need advice - unit requesting my signature on NDDES

3threat

3threat

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I just started the MEB process and was told my paperwork went to NGB. Now being told they need to add this letter and I need to sign a Statement of Selection to enter the DES or not. I've got 26 years in and a Dual Military Technician but I'm only 44 yrs old so I don't qualify for my regular FERS retirement yet unless they retire me under disability compensation. Any advice appreciated!

Not sure what my rights are, I probably need to consult an attorney. Where can I find a good one who can help me through the process?
Thanks!

STATEMENT OF SELECTION

Date
MEMORANDUM FOR
FROM: Rank, Member’s Full Name, (last 4 of SSN), Unit
SUBJECT: Selection of Rights to Separate or enter the Non-Duty Disability Evaluation System (NDDES)
In response to the potential disqualifying condition(s) notification by the Medical Group (MDG), I desire to exercise or waive the rights indicated below. I have initialed my desired choice:
_____ I desire to enter into the Disability Evaluation System (DES). I understand that my case is non-duty related and that it will be for a Fitness determination only. If returned to duty by NGB/SG or the Air Force DES as fit, NGB/SG will review the case to determine if an Assignment Limitation Code (ALC) stratification needs to be placed in the Personnel Data System (PDS).
_____ I do not desire to enter into the Disability Evaluation System (DES) solely for a fitness determination. I understand I will be voluntarily separated IAW AFI 36-3209 para 3.12.8. Discharge proceedings will be initiated within six months of this election. I further understand that, if eligible, I am afforded the opportunity to apply for retirement in lieu of discharge. If I am not eligible to retire, I know I must be discharged.
Note: This does not apply to first term enlisted personnel and dual status technicians will not be eligible for a special provision technician retirement unless determined unfit by the DES.
Date of projected retirement/separation _____________________________.

__________________________________ Signature and Date
 
Seems to me that you would opt for the DES. Are you wanting, or do you need to because of medical condition, to separate?
 
hrrrm, if your disabilities are duty related and/or you have LODs determining this, I would be screaming my way to an attorney. If your disabilities are not duty related, then I guess the first block would be acknowledgment that you are not hoping for a DoD rating/disability and that if found unfit would be retired under that, but since not duty related the LOS retirement rules would apply towarsd payment of benefits.
 
Ok, I don't know if my conditions are LOD, they are documented while on active duty but have gotten worse over the years. I don't know what LOS means, is that length of service? My military position is tied to my civilian. If I'm found unfit militarily then I lose my civilian position but could qualify for a disability retirement through FERS and would just retire normally on the military side.
 
3threat said:
Ok, I don't know if my conditions are LOD, they are documented while on active duty but have gotten worse over the years. I don't know what LOS means, is that length of service? My military position is tied to my civilian. If I'm found unfit militarily then I lose my civilian position but could qualify for a disability retirement through FERS and would just retire normally on the military side.
Click to expand...

Yes length of service, and if the original "injury" is service connected any progression would be as well (Im sure there is some exception to that rule like a bad leg being worsened by say a car crash as a civilian vs "natural progression") but I would wager that the majority of the time it is connected.

I do not know what makes it a FERS retirement eligible thing or not, But I do believe that by signing that piece of paper, your are giving up the potential for a disability retirement which I believe would constitute immediate receipt of your pay vs a traditional NG retirement being drawn at age 62 or whatever. The point being that a disability retirement, would coexist with your FERS retirement, your LOS retirement would not kick in until later. Financially you come out waaaaaay ahead being medically retired I believe. I am in no way shape and or form an expert on guard/reserve or FERS, but I can see that document and the potential injustice that could be caused by signing it, especially without further legal interpretation.
 
Thanks for the reply. I've been trying to do my homework, its a confusing and lengthy process.
 
why was your packet sent to NGB? I was told my whole process was going thru the Big Army. I am AGR not a fed tech
 
Since I'm a dual-status Tech, my package goes to NGB & AFPC who then determine whether I'm fit or not. They could also just decided to put me into another position. As an AGR you go through a different process, you are treated like active duty because you basically are. If I'm found unfit then I can't keep my Technician position and the will separate /retire me on the civilian side as well.
 
*L* treated like active.... well as this process goes, that's about it. I would advise you to talk to JAG and you IDES attorney before doing anything. you need their knowledge and experience. Too many times a command will try to get you to sign paperwork so they can move you on and get it out of their area or responsibility.
 
I understand, my commander asked me what I'd like to do. Luckily, they have been very supportive so far. Good luck with your situation!
 
my situation will work it's self out, yours however..... you need the attorney to protect yourself.
 
Need more information about your case to sort out what is going on. But, you want neither option- you want a duty related PEB. Sounds like you need a line of duty investigation done.
 
These were the only options presented to me and they included the following attachment so I can follow my case. We don't have a JAG assigned (we may have a Traditional Guardsmen there on occasion, once a month) or an IDES attorney. I'm not sure who identified my condition as Non-duty related, local DAWG? The flight doc I was working with is TDY(we only have one). My main condition is psoriasis, treated with enbrel injections that prompted the process.
 

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