Preparing for FPEB

T

tonyfo98

PEB Forum Regular Member
Hi all. Just got my PEB results back under the new Pilot Program in DC and was found fit. I have been diagnosed as hypercoaguable with lifelong anti-coag (VASRD of 60%) by my docs but the board says "The record and evidence presented doesn't document that the condition interferes significantly with the member's ability to carry out the duties of his office"

Now how does a condition that doesn't let me fly, deploy, go on a ship, go overseas, or anything but sit at a desk in CONUS not interfere with my duties as a naval officer?

My doctor has departed the area and I am at a loss as to what to do. Any suggestions?

T
 
tonyfo98,

Welcome! Was that a formal or informal PEB?

The danger is that by finding you fit, they try to later administratively separate you.

A common basis I have seen used to justify an unfit finding is the use of drugs such as Coumadin that leaves you suceptible to bleeding. I wonder if anyone mentioned this either in your MEB or PEB?
 
Jason,
It was an informal PEB, I am going to request a formal. I am on lifetime coumadin, which was all over my medical records and my doctor's submission.

Admin sep is my concern, because with the coumadin, I am completely non-assignable as I am at the end of a shore tour now and supposed to go to sea next.

T
 
If anybody is or hears about anybody else being administratively separated for a medical condition that incurred or was aggravated while entitled to basic pay, let me know. I would like to take such cases direct to Dr. Casscells, Assitant Secretary of Defense for Health Affairds. He and I have had recent conversations about this problem and I would like to give him fresh, ongoing examples as they scrub through the issue.



Mike
 
Hey, sorry to hear you didn't quite get the results you were looking for. I hope the FPEB goes a lot better for you. Do they always allow you to challege a fit for duty? I am apart of the pilot as well. Just wondering how long exactly did it take for your IPEB package to come back with the findings?
 
Yes, You can always challenge the findings of the IPEB with an FPEB, whether you are found fit or unfit. It took about two months from when my package was sent over to the PEB. According to the paperwork they gave me, the board met in early April, and the next 7 weeks was just sitting and waiting. I have a meeting with the PEB counselor on Tuesday where I will fill out my request for a Formal PEB. I will let oyu all know how it goes. I am hoping that they just got the idea that I really wanted to stay in and are trying to hook me up, but I know that with the life-long anti-coag, I will be admin sep'd.

Tony
 
I have not seen any denials, but appeals of fit findings are discretionary:

SECNAVINST 1850.4E: "4109 Processing Fit To Continue Naval Service Cases When Member Requests A Formal Hearing​
a. A member who has been found Fit to continue naval service or Physically
Qualified for continued naval service from the review of the Informal PEB has no right to a Formal PEB hearing or a Petition for Relief by DIRNCPB.
b. The President, PEB, may grant a request for a hearing before a Formal PEB or
recommend to the DIRNCPB, that the request be denied. The DIRNCPB, upon review of the case may grant the request for a hearing or deny it. The decision of the Director in any case will not be subject to appeal."

Best of luck at the formal PEB!​
 
Well that was quick. My Formal PEB hearing is scheduled for 26 June. I will let you know how it turns out. I am off to try to get a letter from my Admiral...

T
 
So I spoke to the JAG today and he said that the board will evaluate my fitness based on whether I can do a job that an officer with my rank and time in service should be doing. In my situation, I should be going to sea. Since I can't go to sea, shouldn't that be a no brainer? Are they really going to judge my fitness based on a temporary shore-duty desk job that I am already overdue on checking out of?

T
 
Fitness should be judged against your ability to perform the duties of someone in your "grade, rank, or rating." So, that is what should be argued. But if you have not performed in a "normal" job, it is a problem, because the Non-Medical Assesment is done by your command and they only have your current job to judge you against. This is a recurring problem that many Servicemembers face who are not in a normal billet or have been assigned to an MTF.

The real danger with Navy cases is that they will find you fit and then try to administratively separate you due to inability to deploy. I am not saying this is what will happen in your case, it is just something to be aware of.

You need to try to gather evidence of what you cannot do that would be expected of someone in your grade and specialty. Evaluation reports, LIMDU chits, narrative summary, NMA, and letters from supervisors can be evidence of your limitations.
 
Thanks Jason! I am working on gettin gletters from supervisors and the detailer as well. Hopefully that will convince them.
VR/
Tony
 
Well, they do it all the time. The Navy is broke big time in this regard. In December 2007, DoD issued a policy permitting PEB's to find individuals unfit becuase they cannot deploy. This is a point that needs to be raised at your formal.

Mike
 
Good lord. My former supervisor just told me that she wasn't being permitted to do a letter because the front office decided that the admiral would do one letter that would stand for the whole command. Every step of the way I am getting kicked in the nuts...
 
tonyfo98,

I think this is improper. The Command can submit it's letter, but they cannot restrict other members of the command from providing evidence. If the supervisors comments would be favorable to you, you can consider asking the PEB to have them appear as a witness. They usually won't (actually I have never seen them) fund witness travel, but you could ask for telephonic appearance or the answer to written questions.

Here is the relevant part of SECNAVINST 1850.4E:

"4328 Formal PEB Hearings – Witnesses​
A board may obtain military witnesses whose presence is requested by the member or member's counsel, if witnesses are reasonably available and if, in the opinion of the board, their testimony is essential or contributes materially to the case. Article 49, UCMJ (10 U.S.C. 849), is used in determining reasonable availability of witnesses. The use of affidavits or depositions to obtain testimony of witnesses is encouraged. A board may obtain military witnesses considered necessary to complete its findings and to comply with the legal requirements of a full and fair hearing. To assure the attendance of a military witness, the Administrator of a board will request the proper commander make the
necessary arrangements for the timely presence of the witness, provided the witness is reasonably available. If the commander considers that the witness is not reasonably available, he or she shall provide a statement giving the reasons therefore, and this statement shall be appended to the record."​

Whether this is advisable or not depends on the state of the evidence in your case and what you think your supervisor will state.
 
Jason,
Thanks for the info. As it stands, I am trying to figure out whether the gag order came from the top of my chain of command or from the chief of staff (who is out this week). At issue as well is the fact that the supervisor in question is a civilian. I figue that in a worst case scenario, this suppression of evidence gives me ample grounds to appeal to BOC. My hearing is on Thursday, and I meet with my jag tomorrow, so hopefully this will get resolved tonight.

T
 
Well, I had my formal hearing. It seemed to go reasonably well. I think that I presented a strong case and that the evidence is in my favor. Now I just have to sit around for six weeks waiting for the result.....
 
I'm glad you think it went well. Here's to hoping the results reflect that! :)
 
well good luck with your formal. please keep me in the loop on this. i am going thru the same issue with the navy at this time. my informal they found me fit for dvt and a host of other medical issues. i plan on doing a formal so i would like to know what happens with your board. i am fighting the same deamons and it is crazy that u can find someone that cant pt or deploy fit for duty. this is outraegeous!!!
 
maparker said:
If anybody is or hears about anybody else being administratively separated for a medical condition that incurred or was aggravated while entitled to basic pay, let me know. I would like to take such cases direct to Dr. Casscells, Assitant Secretary of Defense for Health Affairds. He and I have had recent conversations about this problem and I would like to give him fresh, ongoing examples as they scrub through the issue.

I have one of my fellow SGT's that is fighting the state here as he was admin discharged and they are now lost on fixing it, I can hook you two up if you want.


Stu
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