PEB and Admin Sep for failing Body Composition Program

I've searched around the forums and spoke with the IDES attorney but I still don't have a warm and fuzzy because I can't find anything in writing. Long story short my PEB is for, "other intervertebral disc degeneration, thoracolumbar region M51.35, Low back pain M54.5, Pain in thoracic spine M54.6." I also have an addendum adding "Major Depressive Disorder, Recurrent, Moderate Severity F33.1, Unspecified anxiety disorder F41.9, and Bulimia Nervosa, moderate F50.2." So that's my PEB in a nutshell.

Starting about a year ago I began gaining abnormal amounts of weight, approximately 70 lbs in total. I was placed on the Marine Corps Body Composition Program (BCP) in February of 2016 and at the end of my first 6 month term I did not make progress. The command has began the admin separation process.

How does an admin separation for failure of BCP and a PEB run concurrently? The admin sep is moving right along while the PEB on the other hand is a bit slower. Does the admin sep have to await the results of a PEB? The IDES attorney said it's common and not to be concerned. She told me to come see her if I get a 10 day letter.
 
If concurrent, the admin sep will follow the MEB, if you are found fit they will admin discharge you (unless you can show your injury prevents you from maintaining the weight standard)

The IDES attorney is correct, get a 10 day letter and she will squash it
 
Thanks for the quick reply gsfowler. If found unfit will the IDES process continue and the admin sep go away then?
 
If concurrent, the admin sep will follow the MEB, if you are found fit they will admin discharge you (unless you can show your injury prevents you from maintaining the weight standard)

The IDES attorney is correct, get a 10 day letter and she will squash it


Mr Fowler,

If your formal FPEB has been completed, you've been set to be placed on PDRL and you've received orders to retire but fail a BCA while awaiting your retirement date, what are the administrative possibilities at that point? Can they force an admin sep on you? My branch medical outright refuses to sign BCA waivers even given the fact that I've had 4 surgeries in 2 years based on the fact that my Limdu paperwork always says PT on your own as opposed to no PT. The FPEB has found me unfit to continue service and is permanently retiring me for such, so it baffles me that my command is so insistent on me completing a "physical readiness" test given the fact that I've been found permanently unfit to serve. Please help! Thanks in advance.
 
If concurrent, the admin sep will follow the MEB, if you are found fit they will admin discharge you (unless you can show your injury prevents you from maintaining the weight standard)

The IDES attorney is correct, get a 10 day letter and she will squash it

I just found out today my admin sep board is on the 19th of December, so in a bit of a panic. Can you point me in the direction of what orders I can find the information in regards to how the admin sep and PEB work together. The command is working to fast track the admin sep and I feel like I'm in this without any help from them. Thanks again for your help.
 
I just found out today my admin sep board is on the 19th of December, so in a bit of a panic. Can you point me in the direction of what orders I can find the information in regards to how the admin sep and PEB work together. The command is working to fast track the admin sep and I feel like I'm in this without any help from them. Thanks again for your help.
SECNAVINST 1850.4E 3403(d)
"Non-misconduct/Non-UOTH administrative separations do not supersede or preclude disability separation. Consequently, final closure must occur on all disability processing/appeals prior to finalization of Non-misconduct/Non-UOTH administrative separation by field commanders/service headquarters."
 
16. WEIGHT CONTROL FAILURE a. Basis. An enlisted Service member may be separated for failure to meet the weight control standards established in accordance with DoDD 1308.1 (Reference (o)) when it is determined that the enlisted Service member is unqualified for further military service and meets both of the following conditions: (1) The enlisted Service member is not medically diagnosed with a medical condition that precludes or interferes with weight control. Enlisted Service members with a medically diagnosed condition that precludes or interferes with weight control may be separated either through medical channels, if appropriate, or under the guidance in section 4 of this enclosure
 
SECNAVINST 1850.4E 3403(d)
"Non-misconduct/Non-UOTH administrative separations do not supersede or preclude disability separation. Consequently, final closure must occur on all disability processing/appeals prior to finalization of Non-misconduct/Non-UOTH administrative separation by field commanders/service headquarters."

The way my admin sep has been explained to me is that it is misconduct because I failed to lose weight to be within the Marine Corps standards.

16. WEIGHT CONTROL FAILURE a. Basis. An enlisted Service member may be separated for failure to meet the weight control standards established in accordance with DoDD 1308.1 (Reference (o)) when it is determined that the enlisted Service member is unqualified for further military service and meets both of the following conditions: (1) The enlisted Service member is not medically diagnosed with a medical condition that precludes or interferes with weight control. Enlisted Service members with a medically diagnosed condition that precludes or interferes with weight control may be separated either through medical channels, if appropriate, or under the guidance in section 4 of this enclosure

From the interaction I've had with my Medical Officer, if I don't have a thyroid condition then I don't have a medical condition that precludes or interferes with weight control. This just doesn't sound right, and the MCO leaves a lot of gray area.
 
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Did you or did you not take this to your MEB/PEB lawyer?

Weight control separation is not considered misconduct. http://www.newriver.marines.mil/Staff-Judge-Advocate/Administrative-Separations/

Misconduct falls under 6210
Weight control failure 6215

Here is a copy of the Marine Corps Separation Manual. http://www.dd214.us/reference/MARCORSEPMAN.pdf

As long as you are not facing any misconduct charges, the MEB/PEB will be accepted over the weight control separation.

Thanks for the further insight. When I mentioned this to the IDES attorney I was told not to worry about it, and if I get a 10 day letter let them know. However when I spoke with my defense attorney for the admin sep board I was told that they can admin sep me without allowing the med board to run its course.

By failing BCP I fall under the Unsatisfactory Performance 6206, which is not misconduct. Thanks for all the insight gsfowler, I truly appreciate it. I'm going to do some more searching through the Marine Corps Separation Manual and school myself up.
 
Chaplaincharlie, can you elaborate? I did not see anything in page 11 that spoke to this issue. Just want to make sure we help this brother/sister as best we can. Further, I may learn something new.

Regards.

Wrong page number on my part.

16. WEIGHT CONTROL FAILURE a. Basis. An enlisted Service member may be separated for failure to meet the weight control standards established in accordance with DoDD 1308.1 (Reference (qo)) when it is determined that the enlisted Service member is unqualified for further military service and meets both of the following conditions: (1) The enlisted Service member is not medically diagnosed with a medical condition that precludes or interferes with weight control. Enlisted Service members with a medically diagnosed condition that precludes or interferes with weight control may be separated either through medical channels, if appropriate, or under the guidance in section 4 of this enclosure. (2) The enlisted Service member fails to meet weight control standards, and the sole reason for separation is failure to meet the weight control standard. b. Counseling and Rehabilitation. Separation processing may not be initiated until the enlisted Service member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. c. Characterization or Description. Honorable, unless characterization of service as general under honorable conditions is warranted in accordance with section 3 of Enclosure 4 on the basis of numerical scores accumulated in a formal, Service-wide rating system that evaluated conduct and performance on a regular basis, or when an entry-level separation is required in accordance with section 6 of this enclosure. d. Procedures. The notification procedure in section 3 of Enclosure 5 will be used.
 
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