I am looking to find out if I should try to come up with a private Lawyer, (if I can afford one) or if I might be able to file an appeal to the Naval BCR by myself. I am a Marine Reservist and my injuries are ending my civilian careers in Firefighting and Law Enforcment. So once off active duty I will not have any income or health insurance. Future is looking very dark.
Fit for duty but my contract is up and I can not pass physical so I am being disharge
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Jason Perry
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Fit for duty but my contract is up and I can not pass physical so I am being dish
One thing that mitigates toward getting experienced legal counsel (be very aware that there are few attorneys with experience with BCNRs and with appeals in court) is that if you do not raise an issue with the BCNR, you cannot raise it for the first time in court. This means that it is important that your application covers all likely issues you could win on appeal.
One of the hard things is that if your case is clear cut and strong, you should not need an attorney. However, you can't know how they will rule in advance.
Its a tough situation. I would tend to say go with private counsel if you can. However, if you cannot afford it, I would still file on your own (pro se). If you do not appeal, you cannot win.
Good luck!
One thing that mitigates toward getting experienced legal counsel (be very aware that there are few attorneys with experience with BCNRs and with appeals in court) is that if you do not raise an issue with the BCNR, you cannot raise it for the first time in court. This means that it is important that your application covers all likely issues you could win on appeal.
One of the hard things is that if your case is clear cut and strong, you should not need an attorney. However, you can't know how they will rule in advance.
Its a tough situation. I would tend to say go with private counsel if you can. However, if you cannot afford it, I would still file on your own (pro se). If you do not appeal, you cannot win.
Good luck!
Jason Perry
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Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Fit for duty but my contract is up and I can not pass physical so I am being dish
These are LOD conditions? Were you on orders when injured (or are you on orders now)? You may have a wrongful discharge claim in addition to a military retirement claim.
These are LOD conditions? Were you on orders when injured (or are you on orders now)? You may have a wrongful discharge claim in addition to a military retirement claim.
Fit for duty but my contract is up and I can not pass physical so I am being dish
Yes they were LOD from my 3 deployment to Iraq. I recieved a 30% for 3 of my conditions but they did not list them as combat related nor did they give me anything for PTSD. The Lawyer provided by the Navy advised me to do a PFR. I agreed with him because they forced me to have the PTSD and TBI evaluations that listed me as unfit for military and Civilian employment. The PFR came back as fit for duty. My local command does not even allow me to drive due to the Morphine and other medication I take. The NMA from the command said I could not do my Job but the PFR said they did not provide enough proof.
Yes they were LOD from my 3 deployment to Iraq. I recieved a 30% for 3 of my conditions but they did not list them as combat related nor did they give me anything for PTSD. The Lawyer provided by the Navy advised me to do a PFR. I agreed with him because they forced me to have the PTSD and TBI evaluations that listed me as unfit for military and Civilian employment. The PFR came back as fit for duty. My local command does not even allow me to drive due to the Morphine and other medication I take. The NMA from the command said I could not do my Job but the PFR said they did not provide enough proof.
Fit for duty but my contract is up and I can not pass physical so I am being dish
I was told when you file your appeal you need to keep it very simple. So I also am trying to figure out if I should send all documitation or just pick the most recent.
I was told when you file your appeal you need to keep it very simple. So I also am trying to figure out if I should send all documitation or just pick the most recent.
Fit for duty but my contract is up and I can not pass physical so I am being dish
I have done a lot of head butting with the Department of the Navy and USMC over this fit but unsuitable issue. When are you scheduled to leave active duty? Is it the conditions that cause you to fail the physical? Congress is looking at this situation hard and yours is an example (reservist on active duty) that I don't think they have considered. I would like to bring your situation to their attention. Who was your Navy JAG? Please send me a PM.
Mike
I have done a lot of head butting with the Department of the Navy and USMC over this fit but unsuitable issue. When are you scheduled to leave active duty? Is it the conditions that cause you to fail the physical? Congress is looking at this situation hard and yours is an example (reservist on active duty) that I don't think they have considered. I would like to bring your situation to their attention. Who was your Navy JAG? Please send me a PM.
Mike
Fit for duty but my contract is up and I can not pass physical so I am being dish
Mike,,
I sent you a PM let me know if you do not get it. I think I did it correct. I forgot to tell you that my Pastor and my brother have contacted both my congresswoman and senator. Both told me that when I filed my with the NBCR to let them know and they would attach a request onto it.
Mike,,
I sent you a PM let me know if you do not get it. I think I did it correct. I forgot to tell you that my Pastor and my brother have contacted both my congresswoman and senator. Both told me that when I filed my with the NBCR to let them know and they would attach a request onto it.
Fit for duty but my contract is up and I can not pass physical so I am being dish
Got it.
The Senate has a provison in their version of the FY2012 NDAA that states reenlistment cannot be denied due to a condition deemed fitting by a PEB. Don't think it will pass before the end of the year but Congress is on the case.
Are you being denied reenlistment in the reserves?
Mike
Got it.
The Senate has a provison in their version of the FY2012 NDAA that states reenlistment cannot be denied due to a condition deemed fitting by a PEB. Don't think it will pass before the end of the year but Congress is on the case.
Are you being denied reenlistment in the reserves?
Mike
Fit for duty but my contract is up and I can not pass physical so I am being dish
Yes,
At this time they I am being told that I do not pass the reenlistment physical. If you have something in wrighting that may sway my command. Basicly my Col. and the Dr feel that not only am I not fit but that it would risk mine and others life to have me driving to and from drill with the medication I take. I have been put on a restriction of not lifting over 50lbs, and I can not do sit ups or run very well. So I can not take the PFT or CFT that is required to reenlist.
Yes,
At this time they I am being told that I do not pass the reenlistment physical. If you have something in wrighting that may sway my command. Basicly my Col. and the Dr feel that not only am I not fit but that it would risk mine and others life to have me driving to and from drill with the medication I take. I have been put on a restriction of not lifting over 50lbs, and I can not do sit ups or run very well. So I can not take the PFT or CFT that is required to reenlist.
Fit for duty but my contract is up and I can not pass physical so I am being dish
This is from the Senate's SASC press release on their FY2012 NDAA bill:
Prohibits the denial of reenlistment of a service member who has been determined by a Physical Evaluation Board (PEB) to be fit for duty but who is subsequently determined to be unsuitable for continued military service for conditions considered by the PEB.
The bill still needs to be passed by the Senate and then reconciled with the House version of the 2012 NDAA.
The Senate should release the actual NDAA language in the next week or so. The press release can be found here:
http://armed-services.senate.gov/press/NDAA FY12 Markup Press Release.pdf
Mike
This is from the Senate's SASC press release on their FY2012 NDAA bill:
Prohibits the denial of reenlistment of a service member who has been determined by a Physical Evaluation Board (PEB) to be fit for duty but who is subsequently determined to be unsuitable for continued military service for conditions considered by the PEB.
The bill still needs to be passed by the Senate and then reconciled with the House version of the 2012 NDAA.
The Senate should release the actual NDAA language in the next week or so. The press release can be found here:
http://armed-services.senate.gov/press/NDAA FY12 Markup Press Release.pdf
Mike