Found Fit, Appealed and No Answer and Denying Re-Enlistment

crustymusty

PEB Forum Regular Member
Registered Member
Lots of information here but to try and cut to the the chase I requested an IRILO/MEB last fall and was found fit for duty and returned. Since then we (attorney team and I) appealed the decision and asked for reconsideration back in May. My ETS is in December from the Reserve side so I've been hounding them for answers but nobody has said anything up or down the chain. I randomly started getting phone calls to come to drill and they were marking me unexcused all the sudden even after asking for reconsideration for "reasonable commute" since I now live 18 hours away from said unit. They denied the request and made sure to hit me with 9 unexcusals and now when I tell them I want to re-enlist as we are trying to find bases closer to me I get called saying here's your options:

1) Retire with you 20
2) Re enlist and I will deny it due to unexcusals
3) They push me for involuntary IRR

I have spoken with the Office of Disability Counsel and they said they often see this from the Guard and Reserve with members right at their ETS, they will deny them medical retirement and hope they get so frustrated with everything that they just go ahead and retire or don't re-enlist.

I have reached out to the ADC and they have spoken with my CC who has confirmed the 3 options above. I have 5+ unfitting medical conditions per my attorney team (some prior Jag) but apparently the Air Force has waiver rights to their regs and can return me to service even if I have all these unfitting conditions. I've had a 100% rating from the VA for a while but obviously that doesn't matter as long as I can "do my job according to my rank and duty title".

I have decided to pursue re-enlistment knowing I will be denied and then I plan to appeal it which I am sure at this point with my track record will be denied then I will be offered the option to punch out with 20 or go IRR.

Does anyone have any experiences like this? I have been told if I end up having to retire then fight with the Board of Corrections for medical disability retirement then it can take anywhere from 3-7 years and is extremely costly!!!

NOTE: When I was returned to duty I was on an extension still, apparently FSS missed this and I was supposed to re-enlist back then...if they had done their job I would already have re-enlisted and not been in this situation...

Anything ya'll can advise would be amazing and I feel that I will ultimately be screwed over with all this despite exhausting every resource possible.

v/r
CrustyMusty
 
Please reach out to NVLSP. They provide FREE assistance to service members at the BCMRs in this scenario. When you apply make sure to send them all the documentation regarding the IRILO and return to duty. If interested email [email protected]. Let them know you were denied DES processing and that you are interested in assistance.
 
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