Flagged during meb process also on "dead mans profile"

Discussion in 'Medical Evaluation Board' started by Jenny Tuggle, Sep 1, 2010.

  1. Jenny Tuggle

    Jenny Tuggle New Member

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    I have been told recently that upon entering the meb process all flags are to be removed. I am currently flagged for not passing the sit-up portion of the apft due to a hip/pelvic injury. I would like to know if there is any truth to what I have been told by peers. I have gone through and read AR 600-8-2 and it doesn't state anything about going through an meb process and having the flag removed. Any help would be greatly appreciated. Thank you for your time. Jenny
     
  2. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    Hmm...I have not come across anything about flags being removed (though, I can't say that this is not the case). What is clear is that disability evaluation processing supersedes/trumps all non-misconduct administrative discharges. It may be that the people who were telling you this were mixing up the ideas (flag removal vs. not being able to be discharged for non-misconduct admin discharges).
     
  3. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    Thinking about this a little more, one issue is the meaning of "flag." A flag, in the Army, is a suspension of favorable personnel action, PCS, attendance at schools and promotions. It can come as a result of a bar to re-enlistment. So, I think that most of the "flags" are still in effect (and essentially, referral to MEB prevents some of the favorable actions...e.g., you cannot PCS, so in a way, that is a type of "flag"). So, I think you have to look at what type of flag is in place and if you are looking for the specific action, you need to look at whether there are exceptions (again, normally, a flag would prevent PCS moves...but, if you are sent to a WTU at a different location, this would count as a PCS...also, I know that there are NCOES courses available for some wounded warriors, so this would be another exception).
     
  4. Jenny Tuggle

    Jenny Tuggle New Member

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    Thank you so much for your input. I will have to keep looking I guess and hopefully I will be able to figure something out.
     
  5. Ari

    Ari New Member

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    To anyone that can help find an answer for this: I was given an Administrative Action Flag in Nov '09. It was in the counseling from the then Company CO that the flag would be lifted 6 months later, or in May '10. Since then the unit has deployed, and the rear D acting CO refuses to take the flag off using the excuse of my being in the Med Board. He knows that I can't have access to the education facilities and am about to be separated, so to me it doesn't make any sense as to why someone would do this.
    Also, the acting 1SG a SSG, (The former barracks NCO) will not let the platoon Sgt recommend me for promotion because I'm injured and on a permanent profile U3,L3, and H2. Anyone know where I can go to get help with these issues?
     
  6. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    I am not sure you have a "right" to have the flag lifted. But, if you do, I would consider using your chain (open door policy) and talk to the Bn or Bde Cdr or maybe complain to the IG. Other option is to make an Article 138 Complaint for redress of wrongs. You might want to go to Legal Assistance and talk with a JAG about the situation and your options.
     
  7. chadminter

    chadminter PEB Forum Regular Member

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    I was told today that My MEB is stopped until I get a flag removed from my File. I was told in the Hospital (July 09)that I was being flagged due to a investigation for something that happened in 2006. I was contacted once about the incident in Oct 09 and have never heard another word about it. I was told the investigation is still open. My question is this? Does anyone know if there is a Waiver for the MEB to continue while flagged? Army
     
  8. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    A flag is not a reason to halt an MEB. It is the underlying issues that might disqualify you for benefits. Essentially, your commander writes the PEB certifying that you are pending court martial and/or admin sep for misconduct that could result in an other than honorable discharge. As a side note, the UCMJ statute of limitations in most cases is 5 years. It sounds like you may reach this point before long.

    Who is telling you that your MEB is stopped? Have you talked to your 1SG or CDR about the flag (I don't think it is required to remove it legally, but if it speeds things along, then it may be easier to just comply with what they want)?
     
  9. 42Adam

    42Adam PEB Forum Veteran

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    Question: I was referred to the MEB in October, I was flagged KA in October too; for being overweight. This March I saw the MEB Doctor, she referred me to the DES with a P3, this month I was also flagged BA. I don't know what for, or why. I was told the unit would try to push for a discharge next month, pending my weigh in; but I haven't taken a second unsatisfactory weigh in. So how would I even be eligible for a discharge, or this BA flag?

    Venting: On a side not I got a letter today from eArmyU, stating my TA is on hold until my flag is lifted, possibly the BA flag put it on hold; since I wasn't contacted after getting a KA flag. I called eArmyU stated I'm going through a MEB, and this is how the Army repays me for injuring my spine and knee? I even asked if I would lose G.I. Bill benefits if I was medically discharge (being a smart ass), he said no, and I said well that's the logic I see from this action. What a system we've got in the good old Army. Break them and through them away, they treat TA-50 better than most soldiers.
     
  10. 42Adam

    42Adam PEB Forum Veteran

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    Jason, help!

    UPDATE: I just spoke to my S1, they said the command is trying to chapter me out. The BA code is for elimination. I was flagged in October for being overweight, the same month I was referred to the MEB. I was counseled February 23 for being overweight, I did one weigh in for March, and March 3 the BA elimination flag was submitted. The regulation clearly says chapters are not meant to be a punishment, rehabilitation is required before a solider can be chaptered; I guess my unit thinks 9 days is enough time to rehabilitate. I keep being told mixed things about my MEB, some say Phase 0 means I haven't started the MEB, others say it is. Can you give me some guidance? I will meet with my PEBLO Monday for the first time, I hope they can help. Army you broke me, and now you need to take responsibility, not just boot me out!
     

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