Can I appeal the DA 199 Combat Designation after Signing the DA 199 and Separating?

[MaxPowers]

I'm currently being medboarded from the Army for mental health reasons. I have 22 years in, so this is a medical retirement. I received my DA 199 from the Army side saying I'm unfit, but it lists my condition as non-combat related—which I’m actively appealing, because it absolutely is combat-related.

My legal counsel agrees I have a strong case, but the timing is becoming a serious problem. My PEBLO says the appeal could take until August, which is causing real issues for my family. We're trying to sell our house and move this summer, and this delay is creating financial strain and uncertainty. They scheduled my Formal Board for 13 August 2025. Not sure why they scheduled it so far out, and from what I understand they lied to me, told me to sigh up for a formal board that it was just a formality and would only take a couple weeks. They told me this back in January.

I'm trying to:

• Figure out if it is possible to Sign my DA 199 now, separate, and appeal the “non-combat related” designation afterward, and
• Still have a good shot at getting that designation changed
• Find a Lawyer or organization now that can tell me me I have a case and that I should go ahead and sign my DA 199 and let them handle it.

If anyone has been through something similar or knows about the post-separation appeal process, I’d really appreciate any info or advice.

Also, if you know of lawyers or organizations that specialize in this kind of appeal, please drop some names or links. I don’t mind paying out of pocket if needed—just need someone who knows this space well and can talk to me now about my chances and timeline.

Thanks in advance for any guidance.

 

[Provis]

I'm currently being medboarded from the Army for mental health reasons. I have 22 years in, so this is a medical retirement. I received my DA 199 from the Army side saying I'm unfit, but it lists my condition as non-combat related—which I’m actively appealing, because it absolutely is combat-related.

My legal counsel agrees I have a strong case, but the timing is becoming a serious problem. My PEBLO says the appeal could take until August, which is causing real issues for my family. We're trying to sell our house and move this summer, and this delay is creating financial strain and uncertainty. They scheduled my Formal Board for 13 August 2025. Not sure why they scheduled it so far out, and from what I understand they lied to me, told me to sigh up for a formal board that it was just a formality and would only take a couple weeks. They told me this back in January.

I'm trying to:

• Figure out if it is possible to Sign my DA 199 now, separate, and appeal the “non-combat related” designation afterward, and
• Still have a good shot at getting that designation changed
• Find a Lawyer or organization now that can tell me me I have a case and that I should go ahead and sign my DA 199 and let them handle it.

If anyone has been through something similar or knows about the post-separation appeal process, I’d really appreciate any info or advice.

Also, if you know of lawyers or organizations that specialize in this kind of appeal, please drop some names or links. I don’t mind paying out of pocket if needed—just need someone who knows this space well and can talk to me now about my chances and timeline.

Thanks in advance for any guidance.

Okay I am going to save you from a grave mistake. If you concur now there is a very high likely hood that you the results stick. Meaning you won't be able to change them later. The route to take would be a ABCMR and you won't win. That's because you concurred. There is no error or injustice. You accepted the results. You can't go back and challenge them if you never bothered to challenge them now. Typically this is the route to go if you exhausted all appeals. Then you can apply for relief because you were wronged. The ABCMR are going to say you never appealed via FPEB. You concurred. You gave up your right to challenge the combat related designation when you chose to not request and attend a FPEB.

The combat related designation only helps you if your DOD% is higher than your earned longevity so if your DOD% isn't 60% or higher then why bother? You can't get yoru pension exempt from federal income taxes unless your chapter 61 pension utilizes your DOD% so it must be higher than your earned 55% longevity.

I am the main person who advocates for attorneys and can send you references of ones who are dedicated in this area and can represent you if you want to appeal with them.

Also for the FPEB you get to submit a prebriefing. If your case is strong its very possible that the FPEB would read it and grant your request well before the FPEB date. You definetly need to talk to a dedicated attorney instead of a free JAG who has way too many cases to give everyone the time their case needs.

Lastly, I know the feeling. My wife's IDES took 14 months because she appealed at every stage. She cried some nights and begged me to let her accept her findings and quit. I told her that these results last a lifetime and its not worth giving in when we are so close to the finish line. If you asked her today she will say it was the best choice she ever made. BTW she requested a FPEB to challenge the combat related designation on one of her unfitting conditions. She ended up getting that designation and it is been a major financial blessing to our family especially since inflation has been high. Also, indrectly it helped us more than jus the tax savings. It lowered our AGI and allowed us to qualify for additional income in the form of tax credits.

So to sum it all up you will need to stick out and appeal. If you don't and concur you will have little to no chance of getting changed later on. Its possible you won't have to wait until the FPEB date if your attorney drafts up a written submission that is convincing for your cause. If the FPEB changes its tune it would only be weeks and not months to get updated DA199 form. The Army is really good at doing this because it saves them time. Lastly, consider hiring a private attorney. They know the ins and outs and have the time to do these things. I bet you didn't even know that you can submit a written brief in advance of your upcoming FPEB that can result in you getting what you want well before the FPEB date!!! That's because JAG does the minimum to ensure you can't go back and appeal via ABCMR and state you didn't have representation during IDES. There is a difference between having representation and having competent dedicated representation.

See direct message as I will now send you an attorney list that I have vetted who specialize in IDES.

 

[johnbgately]

While your formal hearing may be scheduled for August, in the Army PEB system, you can submit an IPEB reconsideration request at any time before the formal hearing date. In an IPEB Recon request, your counsel- ARMY OSC attorney or private attorney- would outline in a short brief why your condition merits a V code for combat-related. This outline should be accompanied by any medical or nonmedical evidence supporting this contention. This designation would make your Chapter 61 retirement tax-free. Assuming that your statement above refers to 22 years of active duty time for retirement, this tax-free benefit is substantial. See Section 2.2 of Chapter 24 of Volume 7B of DOD 7000.14-R Financial Management Regulation attached to this post.