Does it matter what I want?

Good afternoon-

I am active duty Air Force O3 and my case was forwarded from the local MEB to the IPEB last week. Some background information on my medical issues -- I have been diagnosed with an autoimmune disease, polyarthritis, and Raynaud’s. These conditions make it extraordinarily difficult to accomplish even minor tasks and I am very fatigued all the time.

On the bottom of my narrative summary my PCM wrote “member desires to separate from the military.” My PCM asked me point-blank several times if I had any desire to stay in and I always conveyed to him that I do not. I have been dealing with this illness for several years and it is only getting worse, therefore making it increasingly difficult for me to do my job because I feel quite sick most of the time (my commander’s letter supports this).

Here is my question – how much weight does that statement carry at the IPEB? Does it matter to the IPEB if I desire to separate or not? I’m curious whether or not such statements have any affect on fitness determinations. My PCM made quite a big deal about finding out how I felt about this, which leads tme to think this is somehow an important issue in the IPEB's determination. However, Im curious if anyone else has any experience with this. Thanks!
 
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Your PCM shouldn't put a recomendadtion as such in your NARSUM. However, since it's in there and you prefer it that way, it will probably carry some weight.

Does your commanders letter flow the direction of discharge also?
 
Yes, it does. It contains about a dozen bullet points detailing why my medical condition makes it difficult to do my job and then at the end states that I should be separated.
 
I tend to think it carries more weight in borderline cases where the member desires to be retained. It will not outweigh the objective medical and performance evidence.

One interesting area that I have been thinking about is the application of DoD Instruction 1332.38:

"E3.P3.6.1. Factual Finding. A factual finding that a Service member is unfit because of physical disability depends on the evidence that is available to support that finding. The quality of evidence is usually more important than quantity. All relevant evidence must be weighted in relation to all known facts and circumstances which prompted referral for disability evaluation.
Findings will be made on the basis of objective evidence in the record as distinguished from personal opinion, speculation, or conjecture. When the evidence is not clear concerning a Service member's fitness, an attempt will be made to resolve doubt on the basis of further objective investigation, observation, and evidence. Benefit of unresolved doubt shall be resolved in favor of the fitness of the Service member under the rebuttable resumption that the member desires to be found fit for duty."

This seems like a very strange presumption and one that is clearly resolved both by the MEB report stating the member's desire but more clearly by the member's contention for his/her rating at the PEB. Simply stating the desire to not be found fit must overcome the presumption that the the member desires to be found fit. This has never come up in a case that I have seen, but it strikes me that there may be some mileage to be made by requesting the PEB make findings regarding if they used this presumption in deciding a case. If so, this seems like a good basis for an appeal to a fit finding (especially in a case where some conditions were found not unfitting and thus lowered the rating).
 
To piggyback Jason’s thought’s.

To me the AF PEB considers the member’s desire if they are on the fence between fit or unfit. Your case seems to lean towards being unfit which I think is what you prefer so I do not think the provider’s statement will hurt you.

Generally there isn’t anything wrong with a provider making a statement like that as long as it is based on fact but I am more accustomed to patient’s making their own wishes known through a letter of exception (which I recommend every patient submit whether they take exception to anything or not).

I’m sorry; I just noticed I missed a post from you in late January. I agree that the follow up needed to be addressed (because of unknown outcome of the change in meds) but I understand how frustrating that delay had to be.

Good luck with your PEB.
 
AFPEBLO said:
Generally there isn’t anything wrong with a provider making a statement like that as long as it is based on fact but I am more accustomed to patient’s making their own wishes known through a letter of exception (which I recommend every patient submit whether they take exception to anything or not).
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One comment on this. My opinion is that submissions should have a clearly defined purpose. Caution should be exercised in making sure what you submit is relevant and helps your case. I can't tell you how many times I have had a client come to me later in the process after submitting a letter of exception or other matters and there is damaging information contained in the letter. Sometimes this can be addressed with countervailing evidence. But sometimes, you are stuck with what is in the letter. If you are uncertain, it is important to seek legal advice.
 
Great - thank you for all of the responses.

Regarding a letter of exception - my PEBLO told me that the purpose of a letter of exception is to mitigate any evidence/statement in the NARSUM or commander's letter (i.e. if the commander's letter said I should be discharged, then my letter of exception would state why I can do my job, or argue that I'm an excellent troop, etc.). My PEBLO then stated that he could not advise me either way whether I should write a letter or not. So, I did not write one because I pretty much agree with everything contained in the NARSUM/commander's letter and I didn't see how a letter from me would say anything new or significantly interesting.

Should I have written a letter?
 
Difficult to say without having seen your records and NARSUM (that is, there may be something there that you missed that could be damaging). But, assuming that there was in fact nothing worth disagreeing with, I see no reason to submit something without a reason for doing so.

Now, if there were something, it is better to address it earlier in the process, in my opinion. However, you can always raise matters at the FPEB if it turns out there was something you should have addressed.

Hope all goes smoothly.
 
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