FOUND FIT FOR DUTY BUT CANT GET BACK IN (NAVY)

Perhaps a waiver, if they will grant one. Otherwise, probably not (I assume you were TDRL and then later found fit).
 
How would i go about getting a Waiver and dont I have to go to MEPS to be told I am disqualified because the only person who told me i was dqed was a civilian i called at BUPERs. Yes, i was TDRL and was found fit for duty.
 
Yes, I would think you would want to talk with a recruiter and go to MEPS to "push" the issue. I have no idea as to what kind of waivers they are currently granting (and, though, you may want to stay in the same service, if military service is your goal, you could consider another branch that may have different waivers available).

Good luck!
 
I talked to a recruiter today, he said he my DUI is waivable but the Navy is not accepting any prior service members. I thought if I accepted my fit for duty finding i was automatically eligible to get back in on active duty
 
You could argue that you are not "technically" prior service in the same way others are by virtue of coming off of TDRL. However, this type of argument would likely be raised at BCNR or in court (which basically means, if they say no at MEPS, then you will have to appeal; on the other hand, if you are allowed to re-enlist, then you are good to go). I think the issue is somewhat complicated and without looking at all of the facts (including the current MEPS standards), I would not venture a guess as to whether you should win or lose on this issue.
 
AR 601-210, paragraph 3-16c

Enlisted members on the TDRL, later found to be physically fit, have a statutory right to enlist in the enlisted rank or the next higher regular enlisted rank held at the time they were placed on the TDRL (10 USC 1211(a)(3)) (see chap 5, sec XIV).
 
Ed Mercanti,
So does that mean I am entitled to enlist without question?
 
The key is you HAVE to enlist within 90 days of being removed from the TDRL.



5–51. Enlistment within 90 days of removal from the temporary disability retired list

Enlistments within 90 days of removal from the TDRL will be made without regard to basic enlistment qualifications

for PS persons described in chapter 3 or disqualifications described in chapter 4, except as provided below:

a.
Applicants must not be subject to nonwaivable disqualification in chapter 4. Civil offense criteria does not apply

if all convictions—

(1) Occurred before applicant’s placement on the TDRL.

(2) Previously were disclosed.

b.

Waiver is required if applicant is subject to any of the waivable disqualifications in chapter 4, but this is not

applicable if—

(1) All convictions or adjudications occurred, or pleas were entered, before applicant’s placement on the TDRL.

(2) All convictions or adjudications previously were disclosed.

c.

Such persons will be enlisted in the permanent pay grade held on the day before the date their names were placed

on the TDRL.

d.

Enlistment of such persons will be made without medical examination if—

(1) No intervening illness or injury since the examination resulted in removal from the TDRL.

(2) The person signs a statement to that effect on DA Form 3283 (Statements of Member Removed from the

Temporary Disability Retired List).

e.

Persons who have incurred an illness or injury since the examination resulting in their removal from the TDRL

must undergo a complete medical examination. They must qualify for enlistment under medical standards given in AR

40–501, chapter 3. (A person does not have to meet medical standards for the specific disability that caused their name

to be placed on the TDRL.)

f.

Persons will be enlisted for 3 years in the RA. Enlistment must be in the same component from which the Soldier

was placed on TDRL. MEPS will complete DD Form 4 and publish enlistment orders. Assignment for MOS-qualified

applicants, regardless of rank, will be obtained from HRC. Enlistment will be accomplished in the same manner as all

other PS enlistment. DD Form 1966 is required and a REQUEST reservation will be made. For those applicants not

MOS qualified or who require BCT or AIT (if placed on TDRL before completion), BCT and AIT may be obtained via

normal REQUEST reservation. For AR, assignment to a TPU is required. Persons enlisting in the AR may enlist for a

period of 1 to 6 years.
 
Remember, these are Army regulations. You want to look at SECNAVINST 1850.4E for naval regulations on this point.
 
Thanks guys, how do I know if I have been removed from TDRL? because im still gettin paid my disability
 
You'll get a final DD Form 199 which finds you fit for duty, and you'll get orders discharging you from the TDRL.
 
Zman024 said:
Thanks guys, how do I know if I have been removed from TDRL? because im still gettin paid my disability
Click to expand...

Check if you are getting military pay or VA pay for your disabilities. If you are still getting military pay, then you most likely have not been removed from the TDRL (though, there could be an error between your orders and pay accounts).
Ed Mercanti said:
You'll get a final DD Form 199 which finds you fit for duty, and you'll get orders discharging you from the TDRL.
Click to expand...
He appears to be a Sailor, so no DA 199...he would get findings from the Navy PEB or the CORB. Though, he should get orders.
 
"He appears to be a Sailor, so no DA 199...he would get findings from the Navy PEB or the CORB. Though, he should get orders."

Don't know a thing about the Navy so I shouldn't have said anything. Thanks Jason!
 
No, your points were generally right...but...the frustrating thing is that there are DoD Instructions and statutes that say that the military branches should treat servicemembers the same (also active and reserve components, generally). The fact, though, is that the DoD has not exercised oversight powers to ensure this happens. The issues in this case only slightly touch on this point, but in my experience, similar issues are not treated the same across branches or components. The solution would be for DoD to exercise its authority. I won't (nor should anyone) hold their breath until this happens.
 
Yes, they mailed my results I accepted the findings and faxed them back this was on Jan 25 2012
 
They took away my pay, but i have not got any discharge paperwork or anything
 
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