AR 40-501 Rewrite

[melloten]

I have what I guess would be a "Legal Theory" question.

The Army is currently rewriting AR 40-501 (Standards of Medical Fitness). The rewrite is partially due to the need to address the new eProfile system, removal of PULHES codes from temporary profiles, removal of "recovery time" from temporary profiles, and removal of automatic restriction of APFT from temporary profiles.

At this time, it's not clear if the standards in Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement) will change at all. The theorycrafting revolves around what would happen to people in the IDES process after the rewrite assuming there are changes.

How would changes affect the following:

1) An referred condition (pre-rewrite) is removed in the new version.
2) A non-referred condition (pre-rewrite) is added in the new version.

Would the changes have to be resolved in favor of the Soldier (i.e. grandfather or not) or would it simply be that all people in the process are grandfathered under the old rules?

Thoughts?

 

[PsychOfficer]

I have what I guess would be a "Legal Theory" question.

The Army is currently rewriting AR 40-501 (Standards of Medical Fitness). The rewrite is partially due to the need to address the new eProfile system, removal of PULHES codes from temporary profiles, removal of "recovery time" from temporary profiles, and removal of automatic restriction of APFT from temporary profiles.

At this time, it's not clear if the standards in Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement) will change at all. The theorycrafting revolves around what would happen to people in the IDES process after the rewrite assuming there are changes.

How would changes affect the following:

1) An referred condition (pre-rewrite) is removed in the new version.
2) A non-referred condition (pre-rewrite) is added in the new version.

Would the changes have to be resolved in favor of the Soldier (i.e. grandfather or not) or would it simply be that all people in the process are grandfathered under the old rules?

Thoughts?

I don't know from a legal perspective. From other changes, I would guess that the guidance forward would begin on the effective date of the signature, but would likely include a process for completing under the old standards and then starting the new. I think this is most likely, that they pick a date when all new cases would fall under the rewrite. That being said, the ever-feared "they" may well just make it apply to all, and wait for a challenge (although I think this is much less likely).
best of luck

Bob