MEB delayed and adsep FOS x2

G

grmaster1

PEB Forum Regular Member
Registered Member
Hello, all!

Long time browser, appreciate the founders and members of this website... Thank you.

I just received my NMA after 2.5 months of delay by my command and Peblo informed that the package has been finally sent out (Medboard process was started in July 2016).

I have 17y 8m (enlisted and officer) of active duty service and 1y 10m reserve (officer) , all Navy.

Have been FOS x2 as a result of mental illness fallout, Bipolar type 1 disorder (was illegally incarcerated almost 4 years ago, et cetera)

Detailer informed me that he acted on adsep orders already and seemed disregarding the Medboard situation.

The promotion results came out in August 2016, and as such, I'm looking at an involuntary separation end of February 2017, possibly missing the sanctuary 18 year mark by a couple of months.

Also, I've been offered and option of converting to E-7 to be able to stay in, now O-3E...

Please, share your advice and feedback.
 
Hopefully someone comes along and can offer more specific advice. However, to clarify, are you presently in the Reserves?

Also, when you say your package has been finally sent out. Has the PEB received your package?

When you say the detailer informed you he acted on adsep orders, are you referring to high year tenure?

More info is needed, but if the most pressing issue is retirement, understand that when a service member is medically retired their retirement amount is based on a high 36 month average, and the service member is typically retired at the highest rank they were promoted to. I would not recommend deciding to select E-7 without talking to counsel, but if you provide some more details, I am sure more assistance will be provided.
 
I don't believe they can separate you w/o allowing the MEB to run it's course. But I would definitely check with legal.
 
pittpan2005 said:
However, to clarify, are you presently in the Reserves?

Has the PEB received your package?

When you say the detailer informed you he acted on adsep orders, are you referring to high year tenure?

More info is needed, but if the most pressing issue is retirement, understand that when a service member is medically retired their retirement amount is based on a high 36 month average, and the service member is typically retired at the highest rank they were promoted to.
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Pittpan,

I'm on active duty.

Yes, Peblo informed me that the package was received on the other end.

So, the high 36 is not the last 36 months, the rank doesn't really matter if you talk money...

Thanks for your reply.
 
grmaster1 said:
Pittpan,

I'm on active duty.

Yes, Peblo informed me that the package was received on the other end.

So, the high 36 is not the last 36 months, the rank doesn't really matter if you talk money...

Thanks for your reply.
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Thanks for the update.

Because you are facing a non-punitive discharge, the PEB process must continue. They cannot stop the PEB process or separate you while the PEB process plays out.

As for rank, you are correct. When medically retired, the SM is typically retired at his/her highest rank. Compensation is based on the average of 36 months of highest compensation (for most people it is the last 36 months, but not everyone).

Sanctuary is really misleading. Unless retirement is approved, a SM with over 18 years can still be separated or medically retired prior to 20. It is a misconception that a lot of people are not aware of.

I would address your issues with a competent attorney to see what options you have and to hopefully make it to 20 years.
 
They CAN adsep you before your med board is done, especially if they conjure up "misconduct " be careful about who you piss off before he gets out.
 
Navy10 said:
They CAN adsep you before your med board is done, especially if they conjure up "misconduct " be careful about who you piss off before he gets out.
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As stated, this is a non-punitive situation. Misconduct is not applicable.
 
pittpan2005 said:
As stated, this is a non-punitive situation. Misconduct is not applicable.
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It would be important to let grmaster know the criteria in which the peb board can be stopped I.E misconduct, incase a situation Arises that could warrant a stop in the peb process, and furthermore for anyone in a situation similar that didn't know that a meb/peb can be stopped for reasons that I have addressed. It does no one any good to give them a half answer.
 
Navy10 said:
It would be important to let grmaster know the criteria in which the peb board can be stopped I.E misconduct, incase a situation Arises that could warrant a stop in the peb process, and furthermore for anyone in a situation similar that didn't know that a meb/peb can be stopped for reasons that I have addressed. It does no one any good to give them a half answer.
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I understand what you are saying. However, it is not an easy answer such as "misconduct" or all misconduct. For the PEB process to stop or not begin, the nature of the misconduct must be able to result in a punitive discharge. Then, they must look to see whether the cause of the misconduct, capable of resulting in a punitive discharge, was caused in all or in part by the medical problems. If medical is the underlying cause, the PEB may commence or continue. However, if medical is not a contributing factor to the misconduct, then the PEB will not commence or continue until the misconduct is dealt with.

If the misconduct cannot result in a punitive discharge, the PEB process must commence or continue. This may trigger a dual action situation, but the PEB process continues. Then, at the conclusion of the dual process, the Service Secretary may elect adsep or medical (assuming both are options after investigating, etc.).
 
Thanks for bringing up the misconduct issue...

I'm trying to get my security clearance reinstated (taken away due to a manic episode "misconduct") as well though don't know why bother.

Also, got a cc email stating that there has to be a 180-day extension given now to let the peb run to completion. One hurdle is almost overcome...
 
Well, I take it back, got an email today from someone at PERS:

"USC Title 10 (US Law), requires that you execute your orders for 2xFOS on 1 March 2017. They only way you could be exempt from this is:

You are admitted to a hospital and physically can't separate
You are pending Court Martial charges

Since neither of these are the case, execute your orders on time."



So, they are trying to separate me while on medboard, with the package in Washington already...
 
Today, got an email from PERS stating that due to lack of clear guidance I have to be ready for:

"separation on 1 March and a possible continuation for the PEB (which has a good chance of having a decision shortly)".

Also, an email from my COC that I have to complete a separation package Asap.

Does separation package differ from medical sep/retirement package?

Please, provide feedback/advice.
 
Latest news update:

Received and accepted my PEB findings, 100% DoD PDRL, yet the command and the guy in PERS insist that I WILL separate on March 1st and not retire...

Thoughts?
 
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