Thread: SOMEONE PLEASE HELP!!

I am currently a reservist on active duty orders the last 4 years (with 10 previous years active duty and 2 traditional reserves). 6 months ago I was diagnosed with illness and was told I now had to go through LOD,MEB process. They switched me to medical orders while I awaited the outcome. The Line of Duty determination showed it occurred during active duty status. I am still waiting for MEB, etc but they are taking me off orders!--I did not think this was possible. As I read AFI36-3212 para 8, it states clearly a reservist cannot be taken off orders until "final disposition"--which has not occurred. I've quoted this reg and they are going through with it, though my local medical reserve tech who handles the orders paperwork says I am being shafted!--But he says his hands are tied. WHAT CAN I DO!!??

Originally Posted by LoufromFWB

I am currently a reservist on active duty orders the last 4 years (with 10 previous years active duty and 2 traditional reserves). 6 months ago I was diagnosed with illness and was told I now had to go through LOD,MEB process. They switched me to medical orders while I awaited the outcome. The Line of Duty determination showed it occurred during active duty status. I am still waiting for MEB, etc but they are taking me off orders!--I did not think this was possible. As I read AFI36-3212 para 8, it states clearly a reservist cannot be taken off orders until "final disposition"--which has not occurred. I've quoted this reg and they are going through with it, though my local medical reserve tech who handles the orders paperwork says I am being shafted!--But he says his hands are tied. WHAT CAN I DO!!??

This happens all the time and it should not. Do not go off orders-do everything in your power to stay on orders-if you go off orders you will have medical treatment issues and have to fight ten times harder for everything. Don't sign anything.Maybe Jason can tell you who can help.

Thank you for your response. My anxiety levels have increased a thousand-fold since I first got notice this morning. And orders to end on Monday!--Both my commander and Medical Air Reserve Tech ar helping me fight this since they agree it should not be. As I said I have read the regulation with respect to this process. It has an entire chapter devoted to Reserve members and their disposition. I do not want to get off orders and will not sign anything but how can I avoid it if they tell me my orders are finished?--I was told it's some new medical office that made this decision. I know it is wrong in every way possible---just wish I could talk to someone in charge.

Same thing happened to me and I was removed from orders. They sent me a waiver to sign saying if I signed it, I could perform IDTs only. The content of the waiver said it only applies to those with little or no impairment and it is only so a reservist can get a "Good" retirement year with 50 points. Do not sign that waiver! This gives them the authority to remove you from orders.

I already had 100 points, and I had a serious disability--not impairment and refused to sign the waiver. They then said I could apply for incapacitation pay "IF I COULD SHOW A LOSS OF CIVILIAN INCOME." I had no civilian income since I had been on active duty orders. Also, they can't remove you from orders (according to AFI's) and then tell you to apply for INCAP pay, but they do. You're right, they're supposed to keep you on orders until your condition is materially improved or you're processed through the DES.

I was placed back on orders In Feb 09 to cover the period from Oct 08 and have been on ever since.

If they remove you illegally, like they did me, you should contact the AF Reserve IG Office. They are very familiar with my case and should be able to get you on the right path.

Name:

Maj David Spencer
Inquiries and Investigations Officer

HQ AFRC/IGQI
DSN 497-1514 Comm 478-327-1514
FAX 497-0512 Comm 478-327-0512

Email: SPENCER, DAVID A Maj USAF AFRC AFRC/IGQI [david.spencer.1@us.af.mil]

Thank you so much Sir for your tremendous assistance. As I read your answer I see we have numerous things in common (employment situation, etc). This is exactly what I was tentatively told would happen: waiver for IDTs only.---I will not sign and will go to the IG on Monday. Again, thank you.

Am I correct in assuming the info you gave was IG contact info?

Yes, it is.

We need to talk. Jason and I now have a case before the Federal Court for the very same thing. I've written several detailed replies to you but I keep getting logged off so I will do it in pieces.

-SMSgt

check your profile visitor messages Senior.

First things first. Do not panic and do not accept reserve incapacitation pay or sign anything under any curcumstances. The adminstrative record is all there and they can't change it.

What has happend to you happens all the time. Everything is in your hands now. You are the only one that will determine you fate. Do not expect anyone in your chain to do anything for you no matter how sympathetic thay are. The "useful idiots" that chopped your orders expect you to go away without a fight. They win because too many people accept it and roll over an die. However, providing your case meets all the requirements, you are the one who actually has them by the short hairs. The ONLY one who can now lose your case is you. Be prepared for a very long battle. The key to dealing with useful idiots is understanding the Law. You are going to have to understand it inside out. But remember this, no matter how much they try, they can't delete it, modify it, change it or ignore it. It is what it is.

I have had my orders chopped 11 times over the last two years. This last time I now have a cause of action to seek relief in the Federal Court system. I am currently seeking all ANG or ARC members who have been on active duty for more than 31 days and have been illegally been removed from active duty. I am also interested in hearing from other service members from other services who have had this happen. Please feel free to contact me.

-SMSgt