Jason Perry
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  • Hi Jason. Thanks for the nice welcome message you just sent. If I could figure out how to respond to it I would LOL. I am always looking for more and better ways to take care of my troops in the disability realm and I am hoping to garner some good info from your site. I am applying for Army PEBLO positions in Germany, but haven't heard anything back yet. I'll keep you posted as I transit through the system. Thanks again and if I may be of any assistance at all to any of your subscribers, don't hesitate to contact me.
    ason,

    I need some sound advice as to the most expedited way to address my issue.

    I’m an IMA who has been on almost continuous orders for the last 6 years.
    The MPA days were my source of income until I was put on a “4T” profile. HQ AFRC/SG claims that Incapacitation Pay is not available because of my status. They claim that I was found fit for duty when the hospital returned me to end my tour although I have a "4T" profile.

    I looked in AFRCI 36-3004 and read that until a military physician produces an AF Form 422, without a 4, incapacitation pay is authorized. I’m currently looking at more than 8 months worth of back pay.

    My LOD's are jacked up. The outline in 36-2910 was not followed at all. I have a couple of LOD's that have a SMSgt in an organization that I'm not assigned to or on orders with, signed the LOD as my medical officer and unit commander. Then I have a commander's letter from the division director that I am attached to detailing how my medical condition hasn't impacted my duties. I have not worked for either person when the diagnosis was made or after.



    I have petitioned my Chain (royal run-around), my Congressman and the AFRC IG to no avail. The AFRC didn’t answer the Congressional petition and the IG is clinging to guidance found in AFI 48-123 Vol. 2, Chapter 5, (ARC members not on EAD) as justification for authority over inline of duty conditions and not AFRCI 36-3004, 4.3.1 as they should. The IG wrote me that his office considers the matter closed due to policies set forth in AFI 48-123 Vol. 2, Chapter 5.

    I was just informed that the IPEB has refused to hear my case before the formal board.

    I wasn't given a definite rebuttal time frame in writing to rebut the decision of the IPEB, nor do I remember any verbal agreements, yet when I submitted my rebuttal I was told that I had exceeded the suspense date. I had previously emailed the PEBLO and informed them that I missed their phone call and to email me any pertinent info. I didn't receive any written answer to that email. I emailed the PEBLO after she called and informed me about the formal board refusal and asked why a written suspense wasn't set at the time that I signed the 1180. Later the PEBLO emailed me back and "informed" me that she gave me a verbal of 3 days but when she contacted the case manager, the rebuttal suspense was needed "immediately". By the PEBLO's own word there wasn't a consistent rebuttal standard and there wasn't a written agreement as fas as a suspense was concerned. Although I had missed the suspense according to the PEBLO, she still forwarded my rebuttal forward. In my mind if the suspense had passed the PEBLO should have said so at the time of my submission. I don't think this is fair to me. What do you think? Is this an issue that I can appeal?

    The AD Area Defense Council along with my first shirt has suggested civil court. The AD JAG said I have more than proven my point that I’m being denied benefits. (Just as you have stated)

    Is there a requirement that I must petition the Board of Military Corrections first or can I head straight to district court? If the Board of Corrections is necessary, can it be circumvented by having a family member file on my behalf?

    If this issue can be handled in court, do you know of any litigation funding for this particular type of case?

    As I stated earlier, this issue has been going on for 8 months and my savings are almost gone. I know about the EAJA, but my understanding is that a person files for reimbursement after the case has been won.

    Do you know of any civil legal aid or veterans organizations that may be able to help me with my cause?

    It has also been suggested that I publicized my plight in newspapers that serve the military community. Since AFRC has put this policy out I’m sure that there are others with a similar plight. Maybe an article could galvanize some members together and maybe a positive change will result.

    What do you think?

    Pittbull_16
    I meant that I am at 20 years. I just wondered if the IPEB usually goes with the MEB's findings. I really do not want to be returned to duty. I would like to be able to retire. I appreciate your help.
    Hi..first I just wanted to say this is a great site! Thanks. I just have one quick question..(as quick as it can be) I was told that if I am at 20 and everyone on the MEB agrees that I should just be allowed to retire that IPEB almost always concurs. Do you think this is a true statement based on your experience? Thank you so much for any help you can give me.
    Hi sir, is there a messanger or email where i can contact you on , you're helping me so much and it would be easier if i could just use email directly. If this is ok with you, can you reply to this. Thanks for everything
    Well the LOD/INCAP pay has not been completed or sent. I was told to give them by the close of business tomorrow. I started experiencing some numbness, and weakness on that side. I went to the doctor, and they are saying that I need to go through physical therapy. That means that I will not be able to return to work until I have completed the therapy, and they determine if I will need further therapy or surgery. I was also told by the head of the medical command that I did not receive one of the vaccinations listed in my record. I asked him why would it be in my record, and his reply was that they preloaded the information into the system, and that he has a processing paper that said I should have been waived from getting vaccinations. I informed him that I received two injections, and I asked what I received. The Major stated it really didn't matter what I received, because whatever I received I had an adverse reaction to it. I will try to give them until the end of the week, but I have a family that I have to think about. Why would you preload information into medical record, isn't that like falsifying documentation?
    Hello Jason,

    I have requested incap pay for an illness that was aggravated after I recieved injections.(I had dr's order not to get any immunization, but the Army said differently) My unit has been dragging their feet, and they have not completed an LOD, and only after I requested the number for the JAG officer did they give me the paperwork for the incap pay. I was told they would only cover my medical bills. I have not received any pay (incap or otherwise) and I am not sure if I should drill. I cannot afford to have to pay any money to anybody. I had no problems when I entered into the Army, but within the last year I have developed a hernia, and other illnesses. I have served 6 years total. My guard unit says that I should just go file for social security, but we know how long that process can take, then they said go file for VA benefits, but I do not have a DD214, nor have they given me a potential discharge date. My ets date is in 09, but I want to make sure I complete all necessary paperwork.What should I be doing? I did not get sick until I came home from a training school. I went to my civilian doctor and they could find nothing wrong. It was suggested that I see a counselor. I did, she said she would have to see me several times, but thought it may have been stress or situational depression. Well I ended up passing out, and that is when they found out that it was something wrong with my liver. I am at wits end trying to get assistance from my unit, and the only time they move is when you mention JAG or IG. ANY RECOMMENDATIONS
    i am 30% disabled with VA i have 15 yrs in guard and active duty both. my disability happened when i was on active duty so they are telling me that i get my retirement now. IS that that the case i am going ti the IG tomorrow
    Hey Jason, I have spoken with a soldier that has over 20 NG and was MOBed and injured while MOB but was sent back because he was medically unable to be MOB. His unit said that he was put in for an MEB, but PDA has no record of him. His unit let him ETS (+20 years) and thought he is entitled to 1/2 pay when he reaches 60 but he is in his 40. He wants to get on TDRL but because he has ETS PDA suggest that he submit to ABCMR. What would you suggest he do?
    I have sleep apnea w/cpap, lower back, and depression. My Informal Board review came back with Return to Duty. I WANT TO GET OUT OF THE AIR FORCE. I need to bring about enough evidence that they will see me for a formal board. Please Help. I have Unit CC letter, PSychologist, and Supervisor letters as well as my own. What else can I or should I do?
    Glad to hear you are getting settled, yeah your site is a goldmine of knowledge.

    I get slight relief once in awhile, the first thing I do when I get well enough to function is come to your site...:)
    Hey Jason,
    Kind of funny you ask that, it seems because there is usually a few days between my log ons is there is a change on the site...:)

    But I love the layout man, I think it is much more user friendly than previous versions.
    Keep up the good work, your a great American.

    How is life treatin ya buddy?
    Hey Jason,

    Just wanted to let you know I finally got my date for my military neuro at Great Lakes...April 1st I will be there...Ball will be rolling finally...!
    Jason, I am currently in the last few days of my informal PEB, I was informed that my results were returned and before I can be counseled on them, that the PEBLO has to "Update" my MEB forms/package that was sent to the PEB at Walter Reed to mirror the results of the PEB 199 form. This doesn't seem right to me, especially since my MEB packet has already been sent to the VA for the benefits at discharge program. Can you tell me if this exactly legal?
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