Physical Evaluation Board Forum

As far as the admin appeal, I think it depends on your comfort level in drafting this and responding to any counter-arguments.

I think it is highly advisable to seek legal advice if you are going to consider a judicial claim in the Court of Federal Claims, due to jurisdictional issues and to ensure you have no issues with the SOL.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Lawyer it is. Thank you so much Jason, I would have never known about this if it wasn't for your site. I appreciate it, and when I can I WILL donate.

Mike

Talked to a lawyer today, she said that since I signed the MEB, I had no chance and she would not take the case. So all my efforts will go into my wifes MEB. It was a fun thought for a while though. Mike

If the advice was based on just the fact that you signed the MEB, you got bad advice. Signing an MEB is irrelevant. Agreeing with the PEB is a more significant factor, however, if your agreement was not voluntary (which has a specific legal meaning) or you were not aware of the nature or severity of your condition, you may still have a case with the BCMR.

What I am 100% clear on is that under the facts you gave about your case, you will be eligible for the 10 USC 1554 Board of Review.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Please refer me to a military lawyer capable of coming to this assumption. I did sign everything. When I fought the board it was to stay in. The found me unfit to serve and gave me 25%. I hired a lawyer when I got out he took my 500 and gave me the run. I understand you might want to keep this off boards (references). I dunno. I don't doubt you. I just am tired of the system, and don't know how to approach this. A website anything I will persue. I would love to be retired and feel I deserve it. If I can find a lawyer to help me appeal I will. I have taken 2 buisness law classes, and am scared to jump into something that is beyond me.

I will PM you.

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Let me apologize in advance if this is in the wrong post..I remember reading the calculation example, but I do not remember where. I have 6 years in the guard. If I am discharged for a condition like Lupus, am I entitled to the severence pay? If so did I perform the calculation correctly ( E4 base pay = 2062.80 * (2.5 * 6yrs) = $30,942.

For members of Guard and Reserve, you have to convert your points to years of active federal service. Basically, every day of duty (Basic/AIT/IDT/Mobilizations/AT periods). Then take this number as your years of service (YOS).

2 x YOS (not less than 3, not less than 6 for injuries incurred in line of duty in a combat zone) times base pay = Severance pay.

The 2.5 % calculation is used in other calculations, like in determining benefits for members with more than 20 YOS, and in CRDP/CRSC calculations.

Hope this helps!

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Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Thanks for the info, but I am still lost....part of my illness. I have 3 yrs of active service, and the rest is guard time(how do I go about finding out what points I have..as I do not know or have gotten any updated information on my points from my unit)..but tell me if I am on the right path..if I have 5 good years(last year has been a struggle) then it is 2*5 times base pay EX: 10*2062.80=20,628. I think I have it, just need to be sure.

OneFavor,

No worries, some of this stuff can be very confusing.

You would need to look at the number of points from your Guard Service. Your unit should be able to provide that. It is sometimes called a Retirement Points Accounting System. You would add the eligible points from actual duty (and not points accrued for Reserve Component Participation) to your active duty service.

You also round years (less than 6 months rounds down, more than 6 months rounds up).

Whatever your total years of service (not less than 3, or 6 if incurred in line of duty in "combat zone") you will multiply by 2 and multiply this by your base pay.

Your PEBLO should be able to help you with this and should provide an estimated payout as part of their counseling to you.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS