PLEASE HELP!!!! Army combat veteran fighting for his right to complete meb

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serjical_strike

PEB Forum Regular Member
ok I have been spending months trying to figure out how to help my case but I keep getting trumphed by my command. here the situation:

I am an lower enlisted army soldier who was diagnosed with sever obstuctive sleep apnea ( OSA ) When I was orignally diagnosed the policy was to automatically put soldier through meb process and I was informed that I would be seperated. To my satisfaction somehow I slip through the cracks and was found fit for duty but unfortunately non deployable per my meb profile. I had this profile changed in order to deply with my unit and spent 13 months in iraq and returned. after returning I was informed that I should get the up3 surgery because they might not let me deploy again, so I went in for the surgery. The outcome of the surgery worsened my apnea index, and as such with the new regulations I was refered for another meb. being for the meb was offically start I was intructed that in order to possibly deploy again I need to request a medical waiver for deployment with durable medical equipment, and I put it in. shortly after that my sleep doc put in the officical paperwork to start my meb. and arround that same time my waiver for deployment came back denied
 
and my unit decided to put in a chapter 13 with honorable discharge for me to get me out quicker. I fought that battle through legal and beat it and thought everything was ok until my unit tried to finalize the same chapter yet again. after fight in through legal channels again I have beaten it so my unit has now decided to lift my stop loss to try and ets me out and end my med board. well my stop loss lift was approved and now that I have tried to put in the paperwork to extend for medical processing my unit will not sign the paper and claim that because the approving authority is the gcmca (who is deploy and I am on rear detachment) and he is the one who signed my orders to lift stop loss that he is not going to approve my request for medical extension.

If anyone can please help it would be greatly appreciated!!!!! I am just an honest individual who feels that my voluntary service to my unit and country and my families sacrfices mean nothing now that I am of no use to my deployed unit

please help i have very limited time
 
serjical_strike,

Welcome! If you are referred for an MEB, you cannot ETS without your consent. The reference is AR 635-40, AR 40-400 Chapter 7.

Are you already headed for an MEB?
 
yes I am already in the meb process complete my part two physical and they lifted my stop loss are waiting to cut orders for ets and they are refusing to sign the paper work to extend me for medical processing reasons
 
Actually I just figured it out! I was looking at the regulations you posted and realized that those two dont help me because one says that you have to submit a extesion request and final approving authority is the gcmca and was started to feel a little down til i thought about the whole case where soldier in a meb who are recommend for administrative seperation are required to complete the meb prior to being processed for adminstarative seperation then i looked at ar 40-400 and was reading this

Referral into the PDES takes precedence over enlisted administrative separations

and somthing dawn on me! there are two catagories of adminstrative seperation!
voluntary and involutary. and what is an ets? voluntary adminstrative seperation! so I looked up ar 635-200 administration seperations and look at this

Personnel who are physically unfit for retention (see AR 40–501, chap 3) but who were accepted for, or
continued in, military service per AR 635–40, will not be separated because of ETS unless processing for separation
because of physical disability is waived
 
I would talk with your PEBLO. They should be able to assist with sorting out this problem.

Best of luck!
 
yeah my peblo became of absolutely no use to me along time ago when they tried to separtae me the first time while I was in a med board. The lawyer are useless or unavailable also but I found what I needed
 
Jason,

I've sent you a private message, please check your in box. I'm not sure why its not working.

usafvet
 
I just sent an email to the USAPDA to assit in fixing this. Please send me a PM with your name and unit to help facilitate this assistance.

Mike
 
Mike,

What r u hearin bout state headquarters using MRB or MRRB to decide fitness instead of referrin directly those that fail retention standards to the MEB. Some of these cases r bein referred to MEB but only after goin through the states crap

Its just a waste of time/money/resources in the cases Im personally aware of. Somtin has to be done so the states dont have control of dis.

WHatcha think??

THX

JACK
 
I think I just raised this issue yesterday with a Army three star at the MOAA/USNI defense Forum. Conference Details - U.S. Naval Institute. The three star was filling in for Senator McCain. I will past the link to his response when it becomes available.

If the state is doing a LOD first, it would make sense as long as all LOD's go to the MEB (if the conditions fails to meet retention standards) and for non lod's a soldier can request a fitness review by the PEB.

Let's see if Jason concurs.

mike
 
I have problems with States or Reserve Commands using alternate procedures. What I have seen some do is put all members with a P3 or P4 through an MMRB regardless of whether the physician and profile says the member fails retention standards. This is bogus because the regulations do not allow for any other outcome than referral to an MEB and PEB if the member fails retention standards. Even worse, I have seen States that simply look at the P3 or P4 and discharge the member.

I suppose that there is minimal problem if the State is coming to the correct decision and refers members to the MEB after using an "alternate procedure." However, I am aware of at least one State that was using some type of bizarre procedure where they were sending all Soldiers with P3/P4's to a "MMRB," but instead of utilizing one of the allowable outcomes (Return to duty/trial of duty/Reclass/Refer to MEB), they were declaring members "unfit" and discharging them.

There are systemic and pervasive issues with units improperly separating RC members, failing to promptly process INCAP or MRP2 orders packets, and using "unusual" procedures (one that comes to mind is requiring members with psychiatric conditions to go through a "command directed mental health evaluation" prior to processing for MEB, even if the member clearly fails retention standards).

The LOD process is broken, too. I see a great many LOD's that should be presumptive yes admin LOD's or informal LODs being processed as formal LODs. The Air Reserve Component has a particularly faulty "alternate" procedure that interposes an ARC LOD Review Board and has generated some bizarre results. Finally, I constantly see units failing to generate LODs in a timely manner.

All of these problems are indicative of a system where a member's case can "die a death from a thousand cuts." There has been some improvement in the MEB/PEB processes over the last year, but I still see many, many problems.
 
Definately talk with your PEBLO...especially if you fall under the Wounded Warrior program...
 
no I dont fall under the wound warrior program I dont think because I wasnt wound I have a sleep disorder, but all the same meb office is fed up with my unit and to make things worse they have supposed separations order cut today in order to have me out wensday or friday oh and they old meb chief who did give my unit the "business" is gone and they knew one seems to be helping my unit out
 
Have you contacted your PEBLO? Send me a private message with your e-mail address.
 
Well I am happy say justice has been served. This morning i was give separation orders to be out the 25th of September and so thing became more urgent to fix my situation and I was determined to not give up, not only for myself but for the multitudes of soldiers that have denied due process and the past and so that hopefully no other soldiers are ever denied the rights in the military because of hard to interpret regulations.

Now with that being said I also have to say that determination for a cause is nothing with out support from others. Maparker, was helping steer me in the right direction over the past couple of days so as to fix this situation without resorting to pulling all the stops but after what happened this morning I knew as well as he did that I didn't not have time do things without stir the nest up so to speak! Well because of maparker's diligent and expedient help this situation was fixed by COB. Along with the fact that because of this and other situations like mine, something will be done to fix it so that it does not happen to anyone else, and that makes this feel so much better. I would love to see this personally come to fruition in what ever form is found to work best, be it rewriting of the regulations to make it black and whit with no contradictions and not interpretation required, or with a milper notifying eveyrone in the military of what is right and wrong. I truly truly truly could not have done this with out you maparker and on behalf of me and all those others I thank you for not forget about the rights of the little guys.
 
Your welcome. Bear in mind the key was calling the right people whom the good Lord saw fit to introduce me to over the years and as recently as hours before. A good story for later. I believe in miracles.

Mike
 
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