Updated Terms of Service for PEB Forum.

Jason Perry

Jason Perry

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Site Founder
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Over the past three years (and counting) that we have been in existence, I am not aware of any Command or PEB member using this site to gather information about site members. I cannot be sure that this has never happened, but my sense is that it would be very time intensive for someone to monitor the site and to match members with their postings.

That said, I have decided to change the site Terms of Service to include the following language:
""It is a violation of the Terms of Service of this site for any government agency, employee, agent, officer, or official to access this site to gain information about a member of the site, including, but not limited to, for use in evaluating or adjudicating a Physical Disability Evaluation System case. Title 18 USC Sec. 1030 states, in part,

"Whoever,

...(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--...
(C) information from any protected computer;...
shall be punished as provided in subsection (c) of this section."

Violation of this Term of Service may result in criminal and/or civil liability for the violator."

The above cited language is from the Federal Computer Fraud and Abuse Act. The terms of service are not to turn away or discourage PEB members or government officials from joining the site or from making valid contributions. I think that any dialog could be potentially beneficial. However, I need to make it abundantly clear that anyone who uses this site to gather information against a member may be violating Federal criminal and civil provisions.

Again, I do not think this type of activity has occurred. I am taking this step to be proactive and should this issue come up in the future, to give some protections to the information posted on this site.

If you have any questions, please feel free to post them!
 
Dear Jason:

I have already been "warned" about posting information on this web site by a senior ranking Officer. I replied that I write the truth from where I sit and from where I see it. You are correct in posting this new, proactive measure.
Frankly, I was very surprised and concerned about the warning I received. My hope is that those who are involved in this system can educate themselves via this web site and see it as a tool that empowers us all - and not to see it as a threat to anything - except perhaps - as a threat to ignorance - for which I am hopefull we can all shed more of that!

I will continue to report the facts as I see it as it pertains to my situation, and continue to educate myself about the PDES process through this web site. I hope for those who are actively involved in this PDES system - on all sides - use this web site to improve their abilities and the process in general.

Ignorance and suffering in silence is not an option.

v/r,
nwlivewire
 
nwlivewire,

First off, Happy Birthday!

I changed the TOS out of an abundance of caution. But, yes, that is my thinking, that education about the processes and the law can only help all parties (the member going through the process and the military and its officers).

I have never subscribed to the idea that the PEB tries to deliberately deny benefits. That is, the PEB members that I have come across have almost always struck me as sincere in their desire to adjudicate cases correctly. In my opinion, the problem comes when there are directives and training from the higher authorities that conflict with the law. When there are errors in the law, the PEB is not the forum where you are likely to get relief. That avenue lies possibly with the Boards for Correction of Military Records or, more likely, in my opinion, with the courts. But my thought has always been that if the PEB or the higher authorities were open to discussions of the law, then that would be a benefit to all involved. To be sure, there are exceptions to the above and other elements of the disability evaluation system are more uneven (certain commands or certain MTF's).

What I can't abide is the military using matters outside of the record (or the fact that a member educates themselves) as evidence against a member.
 
I think this is definitely a potential for concern. Although I have shared this site with coworkers going through MEB process, I have deliberately NOT divulged that I know this site exists to superior NCO's/Officers regardless of if they are undergoing MEB status. I just don't trust the bosses around here...they have already stated that If I step out of line once they will demote me under article 92 regardless of MEB outcome....and I don't feel any need to hand them potential bullets for their gun!
 
Does the TOS have to be followed even if a visitor comes on(and reads) without signing up?
 
The way it is stated, it covers access to the site...I am looking at possibly updating the whole format, though, and separating out the registration function from the TOS.
 
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