could someone shed some light

[mascabn]

I was injured in iraq in 05. was set to go back in 07, but was sent home due to my injuries, which had been untreated. I am still a reservist. I was to be boarded when I came back in 07, but I fell through the cracks. I was finally sent 7/08 from Illinois to ft bragg for a second medical eval. my profile was increased, and i was recommended again for meb. I have been under doctors care, on narcotics,had surgery 1/7/08 and was required 6 months convel. I have provided my unit with doctors notes and was told if anything more was needed they would let me know. I have been in contact with the unit and no one has said anything about drill.

Monday I got an email from bragg stating that if I don't drill this weekend, I will be discharged administratively. our ua told me he would call if there is an issue. the unit has changed command several times no one knows what the other is doing.

question: doesn't the unit have to process a soldier within a set period of time if profile clearly states MEB/PEB, my first profile recommended it over a year ago. I should be done by now.

can they do pursue discharge concidering the notes, and the fact I am in process for MEB?

I have read that this is not uncommon and is the preferred method over medical saves money

any advice please

thank you

[Jason]

mascabn,

Why are you not drilling? If you are not due to your injuries, you should be eligible for INCAP pay. This will also likely clear up this issue of separation for not drilling (which I am guessing is being termed as "non-participation" on your part).

As far as when they have to initiate MEB, this is a gray area. They should initiate once you have been identified as failing retention standards. But unless you are separated, you can't really complain of being "injured" legally by their inaction (as you should be getting paid, either for drilling, or under INCAP pay).

Also, note, you may be eligible for retroactive INCAP pay. I would consider contacting one of the NG/Reserve Regional Medical Advisors.

[mascabn]

Thank you for your reply. Yes my non participation is due to my service connected injuries, and residual need for medication.

I was determined to have conditions unfitting for duty, and an MEB/PEB was recommended by the special forces doctors in August 07, the unit didn't start the process until July 08. Now when it should all be done and over with either I am fit or not, retired, or not, I am being put in this position. I don't think it is right, and I don't think I should be put on the block for their failure to follow the Army Regulation. I have been told and have read that there is a tactic in place to seperate soldiers from the military administratively, so they can fill that slot, and deny them of benefits. If they succeed in doing it I have to pay back my bonus, will lose all retirement, preference etc.

As far as InCap pay, I asked them for that, filled out the paperwork turned it in, bugged the heck out of them and never heard a darned thing about it. I called wounded warrior hotline-they told me to go to my unit. My wifes insurance had to pay for my LOD injury. I haven't worked in over 10 months now. Who can guess why my wife was told that she will soon be layed off.

I'm not looking to sue anyone, but I do need to cover myself.
I am drafting a letter to my congressman, outside of that what do I do?

I appreciate any advice.

Thanks

[14Karat]

Originally Posted by mascabn

I was injured in iraq in 05. was set to go back in 07, but was sent home due to my injuries, which had been untreated. I am still a reservist. I was to be boarded when I came back in 07, but I fell through the cracks. I was finally sent 7/08 from Illinois to ft bragg for a second medical eval. my profile was increased, and i was recommended again for meb. I have been under doctors care, on narcotics,had surgery 1/7/08 and was required 6 months convel. I have provided my unit with doctors notes and was told if anything more was needed they would let me know. I have been in contact with the unit and no one has said anything about drill.

Monday I got an email from bragg stating that if I don't drill this weekend, I will be discharged administratively. our ua told me he would call if there is an issue. the unit has changed command several times no one knows what the other is doing.

question: doesn't the unit have to process a soldier within a set period of time if profile clearly states MEB/PEB, my first profile recommended it over a year ago. I should be done by now.

can they do pursue discharge concidering the notes, and the fact I am in process for MEB?

I have read that this is not uncommon and is the preferred method over medical saves money

any advice please

thank you

The same happened to me, I was called to muster, keep in mind, service-connected and then failed the physical this was 2001...it fell through the cracks..finally I wrote a Congressional and the process began. However, I am still in the process 8 yrs later? But I stand strong to the army discharging me with benefits...now I have 16 yrs of service...all my injuires are LODs...my net step is CNN or 60 minutes...my unit is giving me the run around on extending me because I have reached my limitations on extensions. I am doing another congressional on Monday 10/6/08. So seek to your congressman/ woman. This is the right time...its election time!!!

[mascabn]

Thanks for your reply, has anyone explained how this could happen, why, has the Congressman helped at all? Have you run into many other members with these problems? I have thought about JAG, but was concerned that doing so would just cause retaliation. Did you try that? If so what was the outcome?

I am pretty fortunate to live in the district of a Congressman who's sons best friend was killed in the line of duty, the boy was like a second son, so he is very vet friendly.

Thanks for your service to our country!

[Jason]

One question, you said

the unit didn't start the process until July 08.

Does this mean your MEB has been initiated? If so, the process before they finish the Narrative Summary can take some time.

As far as INCAP pay, I would check with your chain of command, see what they say. If you are not happy with the answers, you might want to consider making an IG complaint. There are appeals you can make after a denial, but in most cases, this is not necessary.

You can also try to get put on orders and transferred to a Warrior Transition Unit or Community Based WTU.