Unit basically telling me to get out on ETS date

H

hallad1974

PEB Forum Regular Member
PEB Forum Veteran
My MEB has been initiated since May 23, 2011 for feet, PTSD, and Asthma. The PEBLO supervisor issued a memo to have me extended 90 days beyond my ETS date until my medical evaluation is determined. This will be the first extension. June 6 my Company 1SG finally told me my request for extension has been denied. No written statement on why or who turned it down but just said denied (it is over our heads we have no say in it) and I need to schedule appointment for my VA claim and phase I physical. With that in mind I never had an article 15, no pending action or anything to get this denied. My PEBLO counselor is telling me to hold on they are working the issue. At the same time, I have a family and I can’t be waiting around and my ETS date is coming fast. So I have started outprocessing just in case. I also talked with legal and they said too that my Unit has to grant the extension to finish this medical process. Legal printed out the AR 635-40 and AR- 635-200 which states.
AR-635-40

3–7. Retaining Soldiers on active duty after scheduled nondisability retirement or discharge date
A Soldier whose normal scheduled date of nondisability retirement or separation occurs during the course of hospitalization or disability evaluation may, with his or her consent, be retained in the service until he or she has attained maximum hospital benefits and completion of disability evaluation if otherwise eligible for referral into the disability
system.

AR-635-200

Section VI Medical processing
1–33. Disposition through medical channels
a. Except in separation actions under chapter 10 and as provided in para 1–34b, disposition through medical
channels takes precedence over administrative separation processing.
b. When the medical treatment facility (MTF) commander or attending medical officer determines that a soldier
being processed for administrative separation under chapters 7 (see sec IV), 14, or 15, does not meet the medical
fitness standards for retention (see AR 40–501, chap 3), he/she will refer the soldier to a Medical Evaluation Board
(MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB

I think my unit just wants to get me off of the Army books. Any comments or direction from anyone will help thanks.
 
I would see what happens through the actions of your PEBLO. It is correct that you cannot be separated involuntarily until the completion of your MEB/PEB. Your unit is simply wrong. If they separate you, I think you have a case for a wrongful discharge claim.
 
Ok thanks. I will wait and see but I really don't want to get caught up rushing to clear, schedule housing and transportation appointments and situate my family so that is why I decided to start outprocessing. [FONT=&quot][/FONT]
 
While I agree this is not what they are supposed to be doing, they are, in fact, doing it. The Navy has sent out messages directing as much. I have posted this message on this site. You may have to rattle alot of cages, and call the equivelant to your personnel managment offices (like our PERS-836). I raised hell until I finally got aproval on Friday July 8th, to extend beyond my EAOS which is July 20th. Mind you I have already completed my VA appointments and I'm only waiting for my doctor to finish his dictation to submit my PEB to DC. I hate to say it, but you need to press until you have it in writing, don't just stop when you hear the answer you want.
 
I have legal working my issue but it is a shame that some Army Units stress the regulation but for a medical extension it seems the regulation don't count.
 
This is what your unit can do: Go to the PA have him start a WTU packet. There are several things that must be done so get on it asap. Do you have a "Wounded Worrier Support Center" where you are? If so, go to them and have them help you get in WTU. You should also have a "nurse case manager" that will help you with this. Other places you can go are the "Purple Heart Foundation," VA, etc.
Even if your unit makes you final out, you will be unable to complete this process anyway.
My best advise is to educate yourself on the regs and really push them to be enforced. Everyone always has a boss!!!

Good luck,
Dom
 
Im being told by the "doctors" here in Korea that I am not eligible to go to a WTU or MEB process because I am within a year of my ETS. Ive been looking in ar's 635-40, 635-200, and 40-501 and see nothing that backs them up. Am I missing something somewhere?
 
You can't be discharged until the Army makes you "whole." Get with the JAG or the unit PA and ask them to educate your unit.

Being assigned to the WTU and getting into the MEB are two separate actions. You can be in a unit and be inprocess of the MEB. Don't let them confuse the issues.
 
jaybird915 said:
Im being told by the "doctors" here in Korea that I am not eligible to go to a WTU or MEB process because I am within a year of my ETS. Ive been looking in ar's 635-40, 635-200, and 40-501 and see nothing that backs them up. Am I missing something somewhere?
Click to expand...

As for being in Korea, I was sent from Korea to WRAMC for my MEB/PEB during the legacy days. To my knowledge, unless things have changed over there, you would have to PCS, or go TDY to the WTU for your MEB/PEB proceedings. This may be what the doctors there are balking at, due to your short time left. However, IMO this wrong, and they should place the patients health first. So, my question to you is: have you seen your patient advocate there to get an explanation?
 
It's in black and white in AR 635-200

1–24. Medical/dental care required or sick in hospital when period of service expire

a. A Soldier may only be considered for retention past the set release date when one or both of the following apply: (1) Continued health care is required (must be in-hospital status but not necessarily occupying a bed). (2) Physical disability processing is required or has been initiated. The request for retention will be submitted per b and c, below. Soldiers determined medically fit for retention or separation will not be retained past the set release date.

b. A Soldier being retired for maximum length of service or maximum age will not be retained on active duty unless his/her medical condition indicates referral of the case to a physical evaluation board. When retention is required, the hospital commander will notify Headquarters, Department of the Army (AHR – EPR – F), 200 Stovall Street, Alexandria, VA 22332–0478, and request the Soldier’s retirement orders be rescinded. The request will include the medical diagnosis and expected date of case referral to the physical evaluation board for processing.

c. No Soldier will be retained beyond his/her scheduled release date without written consent signed by the Soldier. (See fig 1–1.) (1) If the Soldier is mentally incompetent or otherwise unable to sign, the next of kin or legal representative will be requested to sign for the Soldier. (2) The consent affidavit will be filed in the Soldier’s MPRJ or local file, as appropriate, U.S. Army. (See DA Form 201.) (3) A Soldier retained under this paragraph is subject to favorable or adverse personnel action including actions per this regulation. However, if the Soldier later demands discharge, he/she cannot be retained on active duty for the sole purpose of taking such administrative action. An officer authorized by law to administer oaths under the UCMJ, Article 36, will swear the Soldier (insuring that the Soldier personally appears before the officer), and tell the Soldier— (a)How he/she will benefit from remaining on active duty in the Army beyond the scheduled date of release to complete hospital care or a physical evaluation (or both) under chapter 61, 10 USC. (b)If he/she elects to be discharged or released from active duty as scheduled, he/she will not, after such discharge or release from active duty, be eligible for separation or retirement for physical disability.

d. Note: If the Soldier is unable to sign and the next of kin or legal representative cannot be located or will not indicate whether or not the Soldier will be retained, the Soldier will be retained. The hospital commander will supply full details of the case including actions taken to secure consent for retention. The hospital commander will notify—
(1) The nearest military commander exercising general court-martial authority for RA Soldiers. (2) The appropriate State Adjutant General for ARNGUS (AGR) personnel. (3) The Commander, USA HRC (DARP-ARE), 1 Reserve Way, St. Louis, MO 63132–5200, for USAR (AGR) Soldiers.

e. The medical facility commander will—
(1) Send requests for retention, endorsed by the Soldier’s unit commander, to the nearest GCMCA for the following personnel: (a) Regular Army personnel. (b) ARNGUS and USAR personnel on IADT or AGR tours. Retention of ARNGUS personnel must be coordinated with the appropriate State Adjutant General. The Adjutant General (ATTN: AHRC–PDZ–B) will be the approval authority for ARNGUS and USAR Soldiers on IADT or Active Guard/AGR tours.
(2) Include the following information in the request: (a)Soldier’s name, grade, and SSN. (b)Reason for separation (such as ETS). (c)Scheduled release date. (d) A copy of the signed affidavit consenting to retention. (e)Medical reason for retention. (f)Medical recommendation (approval or disapproval).
f. Retention requires approval by the GCMCA. The GCMCA may delegate this authority to other military or civilian officials on his/her staff. Every action taken according to such a delegation will state that it is taken “pursuant to authority delegated by ___ dated ___.” The Adjutant General (ATTN: TACP–PDZ–B) will be the approval authority for ARNGUS and USAR Soldiers on initial active duty for training or Active Guard/AGR tours.
(1) A copy of the retention action on RA personnel will be sent to Commander, U.S. Army Enlisted Records and Evaluation Center, 8899 East 56th Street, Indianapolis, IN 46249, for filing in the OMPF. (2) A copy of the retention action for ARNGUS personnel will be sent to the appropriate State Adjutant General. (3) A copy of the retention action for USAR (AGR) personnel will be sent to Commander, USA HRC, (DARP-FS) 1 Reserve Way St. Louis, MO 63132–5200.

g.Soldiers will be advised of the advantages of remaining on active duty. Soldiers will be furnished the following list of retention advantages:
(1) Advantages while remaining on active duty for completion of hospitalization or medical care or while being processed for disability: (a)Medical care and/or hospitalization provided. (b)Receipt of normal benefits such as pay and allowances, including exchange and commissary privileges. (c)Eligibility for dependent medical care if Soldier is on AD or ADT under orders that specify a period of more than 30 days or is under orders specifying a period of 30 days or less that are modified or extended resulting in more than 30 days. (d)State income tax benefits where allowed by the laws of the states concerned.
(2) Advantages, if processed and found eligible for disability separation: (a)If permanently retired, the Soldier may choose the pay most favorably computed per Army regulations, or under the law under which he/she is eligible for retired pay. If temporarily retired, the same selection of pay is authorized, but the minimum pay will not be less than 50 percent of basic pay while temporarily retired. (b)If retired, a former Soldier and authorized Family members would be eligible for certain medical care depending on facilities and staffing availability at Uniformed Services facilities and certain medical care in civilian facilities. (See AR 40–3.) (c) If discharged for disability, Soldier will be entitled to severance pay. (d) To the extent that retired pay is based on the percent of disability involved, such pay is excluded in computing gross income reportable for taxation.
 
You must log in or register to reply here.
Top