Passed the separation date but not separated?

CluelessNAlmostOutOfTime

PEB Forum Regular Member
Registered Member
Hi, so I’m on here trying to find out information about post PEB/FPEB timelines as we have gone through that process and failed. We received formal notice that my husband should be separated from service;

“1. Under the provisions of AR 635-40, paragraph 4-27 (7) d (1), the Physical Evaluation Board has determined that SGT *** is physically unfit and will be transferred to the Retired Reserve. Pursuant to the authority contained in 10 USC 1209, the Soldier is entitled to apply for retirement benefits upon reaching age sixty.
2. Soldiers will be processed for discharge from their prospective component headquarters with transfer to the Retired Reserves. The effective date of the orders will be no later than 30 days from the date of this memorandum.
3. A copy of the order transferring the Soldier to the retired reserve must be provided to this Agency not later than 30 days from the issuance of this memorandum. Transfer orders should be sent to the USAPDA Retirements and Separations customer service box at the email listed below.”

The memorandum was dated 24th June this year. As of today we have received no notice of separation, no DD214, and no communication from anyone in the army (he has tried calling but everyone says it’s not their responsibility and just doesn’t help. We live over two hours away from the nearest unit, and so far anyone not related to his unit - over 18 hours away - is uninterested in assisting) reference his separation.

His VA claim is currently pending having gone to “Evidence gathering, review, and decision” on the 20th - even though the initial claim was opened in June of last year.

Can anyone give me guidance on how long this will take, or even what on earth is happening?

We are in contract to buy a house and can’t close until we have an updated DD214 and this could lose us our home, and potentially leave us without a place to live. I am getting just a little bit stressed as I was working under the assumption (I know assume and all that….) that the 30 days was official and binding.
 
The biggest issue is that the Reserve still goes off of the BIG army timeline and MEB process. The reserves do not have their own system regardless of what they may believe. The way the process works is:
MEB Referral
VA Appointments
MEB decision
PEB notification
PEB Decision
Proposed VA Ratings
PEB sends their decision and VA ratings to DRAS
DRAS adjudicates decision and ratings
Returned to PEB for DOD ratings
199 sent to PEBLO to be accepted or rejected by SM
HRC sends notification of NLT separation date to retirement services
SM has to choose a separation date

Its likely that your husbands case is currently sitting at the PEB in the backlog of cases they have. unfortunately, they handle all MEB/PEB cases across the components of the Army and Active duty personnel take precedence. Rule of thumb, don't make decisions that have life altering outcomes until notification that the PEB found your husband unfit and he has a separation date.
 
Hi, so I’m on here trying to find out information about post PEB/FPEB timelines as we have gone through that process and failed. We received formal notice that my husband should be separated from service;

“1. Under the provisions of AR 635-40, paragraph 4-27 (7) d (1), the Physical Evaluation Board has determined that SGT *** is physically unfit and will be transferred to the Retired Reserve. Pursuant to the authority contained in 10 USC 1209, the Soldier is entitled to apply for retirement benefits upon reaching age sixty.
2. Soldiers will be processed for discharge from their prospective component headquarters with transfer to the Retired Reserves. The effective date of the orders will be no later than 30 days from the date of this memorandum.
3. A copy of the order transferring the Soldier to the retired reserve must be provided to this Agency not later than 30 days from the issuance of this memorandum. Transfer orders should be sent to the USAPDA Retirements and Separations customer service box at the email listed below.”

The memorandum was dated 24th June this year. As of today we have received no notice of separation, no DD214, and no communication from anyone in the army (he has tried calling but everyone says it’s not their responsibility and just doesn’t help. We live over two hours away from the nearest unit, and so far anyone not related to his unit - over 18 hours away - is uninterested in assisting) reference his separation.

His VA claim is currently pending having gone to “Evidence gathering, review, and decision” on the 20th - even though the initial claim was opened in June of last year.

Can anyone give me guidance on how long this will take, or even what on earth is happening?

We are in contract to buy a house and can’t close until we have an updated DD214 and this could lose us our home, and potentially leave us without a place to live. I am getting just a little bit stressed as I was working under the assumption (I know assume and all that….) that the 30 days was official and binding.
Just FYI - Hope this helps you understand my timeline and what I did. Has he completed the formal board?

My Reserve Timeline (FYI 33 year (Major) reservist with ~15 years active time total and over 6800 points)
1996 Injury (back) while on active duty (Seen multiple times over next 5 years due to injury not resolving)
2000 Exited active duty and entered reserves (Still being seen for lingering injury)
2014 Entered MEB process for Back pain - Fought to stay in, received LOD (the LOD was approved in line of duty) for the prior injury (back) from when I was on active duty
2016 Approved to remain in reserves - VA 10% (Back)
2021 02 Request for updated profile
2021 07 Received P3 profile
2021 11 Received Notice of Medical Disqualification
2021 12 Received notice PEB disqualification for Non-Duty (Board ignored previous LOD from 2014 and instead issued a IDRM stating that is was not in line of duty)
2022 01 Requested FORMAL BOARD - Formal Board is scheduled in OCTOBER 2022.
Started getting updated VA evaluations. Appointments scheduled/conducted.
2022 07 Received VA determinations (60% VA - 40% back, 10% each leg for radiculopathy (Sciatica), 10% Tinnitus)
(Will be fighting to get Sciatica to 20% for each leg)

Waiting on Formal Board to argue that IDRM should NOT have been used but the initial LOD for the referred condition (thus it should be In Line of Duty). Additionally, since no MRI was conducted until the 2016 MEB, where it was finally noted that I had multiple bulging/impingements/issues with back, the current condition is just the natural progression of this injury. Since referred condition(s) are over 30% (40% for back) (actually 50-60% assuming radiculopathy is combined with referred back condition), they should medical retire me.
Long process but thanks to this board, I have been fighting the long fight rather than just accepting what they told me and retiring. Thanks all.
 
Just FYI - Hope this helps you understand my timeline and what I did. Has he completed the formal board?

My Reserve Timeline (FYI 33 year (Major) reservist with ~15 years active time total and over 6800 points)
1996 Injury (back) while on active duty (Seen multiple times over next 5 years due to injury not resolving)
2000 Exited active duty and entered reserves (Still being seen for lingering injury)
2014 Entered MEB process for Back pain - Fought to stay in, received LOD (the LOD was approved in line of duty) for the prior injury (back) from when I was on active duty
2016 Approved to remain in reserves - VA 10% (Back)
2021 02 Request for updated profile
2021 07 Received P3 profile
2021 11 Received Notice of Medical Disqualification
2021 12 Received notice PEB disqualification for Non-Duty (Board ignored previous LOD from 2014 and instead issued a IDRM stating that is was not in line of duty)
2022 01 Requested FORMAL BOARD - Formal Board is scheduled in OCTOBER 2022.
Started getting updated VA evaluations. Appointments scheduled/conducted.
2022 07 Received VA determinations (60% VA - 40% back, 10% each leg for radiculopathy (Sciatica), 10% Tinnitus)
(Will be fighting to get Sciatica to 20% for each leg)

Waiting on Formal Board to argue that IDRM should NOT have been used but the initial LOD for the referred condition (thus it should be In Line of Duty). Additionally, since no MRI was conducted until the 2016 MEB, where it was finally noted that I had multiple bulging/impingements/issues with back, the current condition is just the natural progression of this injury. Since referred condition(s) are over 30% (40% for back) (actually 50-60% assuming radiculopathy is combined with referred back condition), they should medical retire me.
Long process but thanks to this board, I have been fighting the long fight rather than just accepting what they told me and retiring. Thanks all.
you arent going to get above a 10% rating for radiculopathy. I was medically retired for degenerative disc disease resulting in 2x back surgeries and right leg radiculopathy. The back issue will be rated at 40% and the sciatica will be rated at 10% per the schedule of ratings. VA ratings don't determine if you are medically retired. DOD ratings will determine if you are medically retired or not. If you havent had surgery to attempt to resolve the issue, you aren't going to touch that 30% requirement.
 
The biggest issue is that the Reserve still goes off of the BIG army timeline and MEB process. The reserves do not have their own system regardless of what they may believe. The way the process works is:
MEB Referral
VA Appointments
MEB decision
PEB notification
PEB Decision
Proposed VA Ratings
PEB sends their decision and VA ratings to DRAS
DRAS adjudicates decision and ratings
Returned to PEB for DOD ratings
199 sent to PEBLO to be accepted or rejected by SM
HRC sends notification of NLT separation date to retirement services
SM has to choose a separation date

Its likely that your husbands case is currently sitting at the PEB in the backlog of cases they have. unfortunately, they handle all MEB/PEB cases across the components of the Army and Active duty personnel take precedence. Rule of thumb, don't make decisions that have life altering outcomes until notification that the PEB found your husband unfit and he has a separation date.
We have gone all the way through the process - we started in the BIG army as he was in deployment when the MEB process began. That quote I put in my original post was from HRC with the NLT separation date, and although he’s been trying to contact someone (anyone?) about it, everyone he’s spoken to has Teflon shouldered him to another person/department/unit.
 
So, after digging through the vast number of emails and documents, I decided to see if I could track down someone helpful on the paper trail of his formal notice of separation. It took a little while but I did manage to get hold of a very helpful enlisted gentleman in the relevant RSO and he gave me great advice and information.
The hubby started calling the names and numbers suggested, but still got nowhere, so ended up back at the RSO. This is where we found out that his PEBLO had done absolutely nothing since the day of his FPEB. Due to this the army was processing the separation with severance pay, though my husband was entitled and had elected to receive a pension (reservist) as soon as he was offered it. So they halted his separation and expedited his paperwork to get it done properly, and in as timely a manner as possible considering that he was already passed his official separation date.
As of the 1st of August, he has been promoted to civilian.
Now we need to track down his DD214 (he never received an exit interview to be issued it at) and then try to push the VA into confirming his entitlement to disability so we can proceed with our lives and house purchase. Luckily our mortgage no longer hinges on it, but it will make a huge difference in affordability (no funding fee wrapped into the life of the loan) and repayment comfort (the VA disability payments are a decent amount so would make it easier for us to save as well as pay the mortgage and fix up the house - nothing wrong with it other than a hard couple of years as a rental recently, so needs paint and some minor stuff that should be ok with the Appraiser according to the current guidelines) for us.
So if anyone has heard of a service member being separated without a DD214 when they should have one, and has some advice on how to chase it down other than going to the helpful people at the RSO, I would much appreciate it! I am hoping it just hasn’t caught up in iPerms, but I live in a house with another service member and he has never heard of this happening before.
 
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