What if you are found unfit to deploy after a fit PEB finding?

All,

Wondering if anyone knows what the procedure is if a IPEB finding was "fit for duty" and there were no additional medical limitations or LIMDU status placed on the Martine, with the condition stable and unchanged after 2.5 years now; what would happen if the Marine was not allowed to deploy due to a decision by a particular in-theater doctor? What would happen if the case is sent to BUMED? Would this then require a new PEB to ensue or do they just admin separate and not readdress the PEB process again? We know that PEB's are typically addressed one of two ways through the NMA , either for a fit for duty, or a not fit for duty outcome. The NMA, while non-medical in nature, takes into account specialized medical care required and ongoing health requirements based upon the local specialist's opinions. If these do not interfere, then generally a Marine should be found fit for duty, and normally would be, by the board.

What happens if after an IPEB determination, the Marine is determined independently by a different doctor with much less information and specialization, disallows a marine to deploy via advice to a commanding officer (Not of the Marine's own unit, but the receiving unit? Now assume the Marine is a 15 year, field grade officer. What is BUMED able to accomplish, change, or otherwise readdress? How at risk is this Marine to pure administrative separation since fitness has been determined previously? Or is it simply readdressed through another board and workup?

Goals here would be are to avoid, at all costs, being administratively separated at 15 years and to continue on to a proper retirement unabated on an otherwise prosperous career thus far. Fears are being told "goodbye" with absolutely nothing. Any weigh-ins are greatly appreciated.

Semper Fi,

Attilathescott
 
found this within MANMED Chapter 18:

(j) Cases of Members Previously Evaluated by the PEB as Fit for Continued Naval Service Warrant Close Scrutiny by the MTF CA Prior to Any Proposed Resubmittal to the PEB. The President, PEB may reject any case (medical information submitted as a new MEBR, or addendum to a previous board) in which the date of the newly dictated medical information is within 6 months of the date of the PEB’s notification of decision if, upon review by a medical officer assigned to the informal PEB, the medical officer advises:
(1) The condition reported does not alter the subject member’s previous findings.
(2) The condition reported is not a significant deterioration of the previously reported condition.
(3) The servicemember’s treatment has not significantly changed.
(4) The servicemember has required no significant outpatient treatment other than that required for maintenance.

There is a diagram depicting the following:
1576198307069.png
With this, if the PERS cannot find a match for current open billet and limitations match, the member is then issued, via command, ADSEP/Retainment?

Is this fairly legitimate, or does the PEB have a tendency to reconvene to determine the situation within section (j) above. For instance is it revisited and readdressed at another DES process considering that perhaps some new information or more current information (i.e. a new found issue with deployability), perhaps this would land itself on item 1 "(1) The condition reported does not alter the subject member’s previous findings.") Otherwise, how is the member protected from being taken advantage of without representation of any kind?

I appreciate any commentary that persons are willing to afford. In the process of a request mast to try to break through this disallowance to deploy issue.

-Attilathescott
 
I am a Naval Officer in a Restricted Line Community. I do not have the official answers, but I have been going through a situation that is somewhat similar that can maybe answer some of your questions. So here is a shortened version of my saga.

I received a Fit for Duty from my first PEB in April 2017 and requested a formal PEB. My request was denied. I then completed the required medical assignment screening which documented Not World-wide assignable and my physical limitations which are pretty stable and consistent. (Not going to go away anytime soon)

My detailer and PERS attempted to find a billet for me in my Restricted Line Community that met my limitations. They were not able to. My detailer recommended to my command to ADSEP me. The package was put together, however JAG at PERS stopped the process since I had been found Fit at a PEB, it would have to go through the PEB again to seperate me. The JAG talked with the President of the PEB and was told there was not a process to reopen a PEB Case once it has been closed so I would have to start from scratch. (At this point it was about a year from the previous PEB decision. The MANMED Ch18 that you pasted above seems to apply the second PEB is initiated within 6 months).

I am currently going through my second PEB. It looks like I will be found unfit this time since it has been forwarded on to the VA for ratings. I included a letter from PERS stating that they were unable to find a billet that met my limitations as an enclosure to my Personal statement.
 
FustratedGreg,

I greatly appreciate your response. This definitely alleviates some stress for me. For my other planning factors I am looking into interservice transfer as a potential. I am about done with the back and forth right now. Perhaps a more robust, less combat oriented force, such as the air force would want a motivated O-4 with a great past performance.

Warmest REgards, and God's blessing on your rating and the remainder of this process,

-Attilathescott
 
The standards for fitness as applied by the PEB in the USN/USMC lean heavily toward retention. This leads to the problems you are encountering. The lack of uniform implementation violates DoD policy. Perhaps a DoD IG is oder.
 
Perhaps you are correct. Working an interservice transfer on the side as well. I qualify and this would very likely allow me to continue on without continued issues such as what has transpired with me, baring future complications of course. Solidarity within my career is important, and continually being harassed in the way that I have does little more than cause unneeded stress. I appreciate the words.

-Attilathescott
 
I am a Naval Officer in a Restricted Line Community. I do not have the official answers, but I have been going through a situation that is somewhat similar that can maybe answer some of your questions. So here is a shortened version of my saga.

I received a Fit for Duty from my first PEB in April 2017 and requested a formal PEB. My request was denied. I then completed the required medical assignment screening which documented Not World-wide assignable and my physical limitations which are pretty stable and consistent. (Not going to go away anytime soon)

My detailer and PERS attempted to find a billet for me in my Restricted Line Community that met my limitations. They were not able to. My detailer recommended to my command to ADSEP me. The package was put together, however JAG at PERS stopped the process since I had been found Fit at a PEB, it would have to go through the PEB again to seperate me. The JAG talked with the President of the PEB and was told there was not a process to reopen a PEB Case once it has been closed so I would have to start from scratch. (At this point it was about a year from the previous PEB decision. The MANMED Ch18 that you pasted above seems to apply the second PEB is initiated within 6 months).

I am currently going through my second PEB. It looks like I will be found unfit this time since it has been forwarded on to the VA for ratings. I included a letter from PERS stating that they were unable to find a billet that met my limitations as an enclosure to my Personal statement.

Thank you so much for your post. I am also in a restricted line community and am now in my third peb. First one was fit, second fit non deployable, and Hopefully they agree with my docs and find unfit this go round.
 
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