Can Soldier be flagged for overweight program after being referred to MEB

I just got my Medical Separation orders and have been told I need promotion orders to E6 to get a higher severance pay. I was flagged for overweight in Nov 09 after having been referred to the MEB In July 09. My unit has taken me off the Promotion list. Is there any specific mention in regulation that indicates that I can not be flagged for overweight while in MEB process? I keep hearing that I shouldn't be flagged but I haven't been able to convince my unit

Thanks for your help. feel free to email me wayne.heuman@us.army.mil

Hmm....unsure. I know AF can flag you. Suppose it would depend on if you have specific profile stating whether you can/cannot be tested on specific items. But I don't know how different the army regs are on this. I also know that this can be fought in the AF as I am currently trying to fight it. (We go by combination of things: waist measurement; BMI, then components of fitness test: run; sit ups; push ups. normally an indivual can be exempted from all components except waist unless they are 1. pregnant; 2. just had waist surgery. I am trying to get exempted from waist measurement because I am taking a drug that makes me gain weight. Doctor says I should be exempted.....person who actually grants the exemptions disagrees...but does not have anything in writing....

I looked up the army reg 600-9 and best I can tell medical exemptions are available....but they are not permanent. THey give an example of an underactive thyroid; where physician prescribes treatment and gives a three month time frame before individual can begin to lose weight. So it seems to me you need to get an exemption. But you already have separation orders; wouldn't the exemption have been part of your MEB? I just don't know enough. But A doctor should be able to give you some sort of exemption...however, if you are not overweight because of whatever is driving your MEB, then the doctor will be required to put you in the AWCP (whatever that is) per AR 600-9; 3-2; paragraph d.

If I were you I would hop on e-pubs and read AR 600-9 and AR 40-501 closely and see what I could find....(I am AF and although I can read....I dont "speak" army all that well sorry).

I was just told by my SGM (not CSM) that my CO and 1SG were planning on pushing my overweight to a chapter next month (I was flagged for being overweight last month for the first time in my 4+ years of service). My MEB was started last year in November. I'm going to see the MEB doctor this month for the P3 (I currently have a T3), so she can put down everything that isn't retainable. I told my SGM I don't think I can be chaptered if I'm going through an MEB, he said I still have to maintain my weight. He also said if I lost all the weight within 30 days I would appear to be malingering. I gave him a couple rogers and drove on.

I called my VA Nurse and she said, wrong. She told me to call patient advisory, they asked if my weight is injury related (it is, since I didn't have a weight issue until I got a T3 for my back), and told me to get a letter from the doctor stating that. She said the chapter is a no-go, and she seemed a little gray on the flag itself; she referred to how it's done in WTU (maybe they actually care the SM is injured in WTU). She said the flag would also be lifted (in WTU), since it was related to my injury. She's getting JAG involved and wants me to get my letter. She seems puzzled on the flag and wants me to contact her tomorrow after she talks to JAG.

I hope this helps anyone, and if you care to comment, please do it in the open where we can all see it.

UPDATE

This is a direct quote from Jason (Site Administrator), from another forum, regarding my situation.

"Re: Flagged for Overweight after 3 weeks in MEB process?
They cannot separate you for non-misconduct/chapters that would result in honorable characterization. They can "flag" "counsel" or whatever, the real teeth in the law is always where money is involved. Improper separation will give rise to wrongful discharge claim and/or claim for retirement benefits.

You cannot legally be separated for weight control issues while going through an MEB/PEB (or having conditions that warrant an MEB under AR 40-501 chapter 3) until final disposition of your case.
Jason

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"A man who is good enough to shed his blood for his country is good enough to be given a square deal afterwards." -Theodore Roosevelt"

because you are probably at your ideal weight,

and if you are fit, then you probably work out, which means you have muscle - - and everybody knows that muscle weighs more than fat!!

don't worry about it. i have always weighed alot more than i look b/c i am active. muscle makes a difference.

Patrsimakion - I suppose what these guys are really talking about is failing tape, not weight. Many soldiers are over weight, but some are over tape, and that's where the flag comes in.

UPDATE: I went to trial defense service yesterday, told them I'm going through a MEB and my unit wants to chapter me out due to weight, he said they can't; but units still try all the time. The flag won't go away unless you get off the program, but the chapter won't happen. You guys know the drill, no promotion, award, or schools. Like your really thinking about that while going through a MEB.

Is this the same for the Coast Guard, and where does it say, I recently underwent back surgery in june. This would be my third. It has finally went to MEB. I am currently Not Fit For Duty. However I am overweight due to my condition. Can I be Discharged.

Good question nickbean, I'd like to know the answer as well. I was found unfit and have been waiting almost five month for ratings and now unit decided to do a 100% weigh and tape, my NCO is looking out for me and going to have my do one within the section and work on it one on one (I am blessed to have an amazing NCO) but if the unit calls on my by name then she has no room to protect me and I will be on my own. Can we get some feedback?

42 Adam, I had to get my doctor to write a memorandium to my Commander stating that I was not medically cleared to participate in the Army Weight Control Program after going to IG to get an erronous flag lifted for not making tape. I have a thyroid condition. I am told though, this is next to impossiable if you do not have a metabolic problem. Talk to your JAG, PCM, and/or local IG. Hope this helps, SGT Thom

They can flag you all they want. It doesn't mean anything since you're being med-boarded anyway. They are wasting their time if they put you in the weight control program or even for PT failure. MEB takes precedence.

NCO's lead the way! Thank you SGT Thom and SGT Bob!

They never called on me by name, but after turning in an ETS extension they told my NCOIC I need to take an APFT. Damn, really? I thought the 1SG/CDR were there to take care of the troops, not run 'em into the ground. Last time I took an APFT I ended up with 72 quarts where the doctor said you only get up to go to the bathroom and eat. I since contacted my MEB doctor and told her I was found unfit and that I'd like to get an updated profile with no APFT, she filled one out for me to show the unit and they countered with a detail on Saturday to stand guard for four hours. Here we go again.

On a good note, my ratings came in today Army 60% VA 100% PDRL. Thank God!

Wow...your chain of command sounds like a bunch of S...bags. Don't let them force you to do anything that violates your profile. Oh...and once you are out and you have passed your ETS date, you can give them a piece of your mind.

As SGT Bob also said, don't violate your profile, but, if they keep messing with you, take it higher through the next level of your command. I have seen Commanders and Senior Enlisted get relieved for cause for endangering their service members by having them break their profiles in turn getting letters of repermand for their actions. Be respectful but, at the same time, don't let them try to bully you into doing something you are unable to do. Let them play their games but, at the end of the day, they're still D-bags and you're getting out with what you deserve.

That pretty much sums up the COC in my unit. Although the P3 that my MEB doctor gave me wasn't signed by the DCCS I gave it to my NCOIC to give to the 1SG, my NCOIC doesn't have a problem stepping up to the clowns down at the company, and they don't question anything she gives them; so I figured it was my best shot at using a half signed P3 to get out of a detail that I shouldn't be on. I even told my NCOIC if they'd meet me half way and get my a chair, I'd have no problem, but to be honest four hours standing guard in the heat of the Louisiana would be hard for any Soldier.

I thought about taking it up the ladder, but my BC isn't much better, and after that I'd be talking to the GC who has the whole installation on his plate; I hate working at the G level. I'll double check with my NCOIC about the duty and explain that I "cannot stand for more than 30 minutes without a break" so hopefully she will explain that to the 1SG who doesn't talk back to her. My PEBLO has told me at times that if my CDR orders me to do something that goes against my profile and I am further injured he will be held personally responsible, so hopefully he isn't that stupid. In 6 months from now I will be a free man living my life and going to school, and this COC will still have their head up there 4th point of contact.

On another positive note, I found out I will ascend among the Corps of the Non Commissioned Officers on my final day in the Army. I cannot begin to explain how much that means to me. I've been a hard charger since day one, six years ago, and was on the path to success, but ever since I had a profile, two years ago, my unit has just kept me a desk jockey; no schools, no boards, not even a mock. I better get to studying that creed, although I will be a retired Sergeant, I still don't want to bring any discredit upon the Corps.

Wow, how did that happen? I was told that I will not get E6 because I don't have enough time left even though I qualified for automatic promotion. Grrrr. Congrats on that though.

Well I called down to the lady who cuts my orders an asked her if I would qualify for a promotion since my PEBLO said it's possible. She looked me up and said I'll be promoted. Now in the case of E1-E6 they should just give it to you if you are eligible for promotion, that's the only criteria that I am aware of, and honestly I didn't even think I was eligible; since WLC, and boards is something I've never been apart of. But, I wasn't going to argue.

Now you may want to specifically check with the person who cuts your retirement/ETS orders about your promotion. No one else would know, not even the unit, and unlike any other promotion it will actually be done as an amendment to your retirement/ETS orders and only valid on your last day of duty; which most likely you'd be on transition leave, although I thought about signing in early to come back for that one day to get pinned just for fun basically. I cannot imagine you not getting promoted if you qualify, who told you that? The unit would have nothing to do with it, it wouldn't be a typical promotion, since I think all you'll have with your new rank is your DD214, an amendment to your retirement/ETS orders, and a retiree I.D. card (if you should be so fortunate).

Thanks for the congrats! My PEBLO kept calling me Sergeant after I told her, I just kept laughing at her; never thought those two words would go together.

Your DD Form 214 may not reflect the promotion. You have to be physically qualified to be promoted. However, if you have been selected for promotion, you will be placed on the Retired List in the higher grade. So your pay will be in the higher grade.

The pay would be high 3. From what I'm reading here, pay would not change because it is only 1 day. It is mostly title only.