A disturbing trend I have seen recently

Jason Perry

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Sometimes I see trends that develop in cases. Understand, even though I deal with a great volume of cases relative to many attorneys, I only see a small portion of the total cases that are adjudicated. I try to always keep my relative view of cases as compared to total cases as a "small sample" of what may be the overall consideration of all cased when I consider trends and issues. But, when I see things pop up in a short time with the same issues, it indicates to me that there may be systemic or pervasive issue. If I see a trend, my concern is that it is highly likely that what I see is occurring on a larger basis than what I see.

I have just seen one such issue, that I think bears commenting on, come up numerous times over the past few months.

This is specific to Army cases, but, I have seen numerous folks who have sent either emails or memorandums to the Secretary of the Army asking for relief or assistance with a case.

Uniformly, I think this is a bad idea. Now, understand, each of the instances where I have seen this, it is in the context of a case that is either under initial consideration or is amenable to appeal under regular processes. Almost always, I believe it is a bad idea to request assistance from SECARMY when the case still has steps that can be taken to address the issue or problem through normal appeals. It is true that the current SECARMY, the Honorable Eric Fanning, has a much greater social media presence than, I think, any other previous SECARMY has had. Actually, I have never seen so much publicity or social media engagement from any previous SECARMY (or any Service Secretary, to that matter). Still, I think it is a mistake to think that just reaching out to SECARMY is going to result in favorable action (or any response). Now, I could be dead wrong. Maybe the SECARMY is not only more accessible, as evidenced by his social media presence, but is willing to address issues directly. But, I doubt that this is the case and I doubt that he is likely to just start granting relief. Every once in a while, things change and sometimes a paradigm shift happens. That said, I have seen no indication that anyone reaching out directly to SECARMY has worked and I think it is a bad idea (as I recently explained to someone- not a client- let's assume that SECARMY actually responds and does, what I think is likely, in response and denies relief or declines to take action. Well, in that case, it strengthens the case against you. It shows that that the SECARMY denies to grant relief and hurts your case (perhaps, fatally).

The reality is that folks have to use the processes available to address their case.

I think it is a horrible idea to seek direct relief by contacting the SECARMY. I think it could take a potentially winning case and turn it into a losing case.

I suspect that some person or attorney has suggested seeking to contact SECARMY as being a "good idea;" If so, I can say that I think this is a horrible idea. (Aside from being extremely unlikely to result in a direct grant of relief, it is a horrible idea because a denial hurts the case. It also shows a lack of understanding regarding the actual processes and issues that are relevant.....stated about as plainly as possible, direct appeals to SECARMY are unlikely to win and any negative response from SECARMY would greatly hurt any case on appeal.

That said, people are free to (and have) ignore what I think. Maybe I am wrong. Maybe a volume of appeals to the SECARMY changes things. But, I suppose, maybe, my experience should count for something and folks might want to at least consider what I say and think.

Nothing makes me madder that a case that should work out in a members' favor and it is denied based on errors made in the appeal process.
 
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That totally makes sense and I agree, we have systems and processes for a reason. Like you stated occasionally their are shifts in paradigms that can cause things to shift ie. When the Army was sued and the SEC DEF ordered all MEBs with certain conditions be reviewed for a possible upgrade. While this has created a high case loads for the boards it gave service members an avenue towards a possible favorable adjudication. That being said some of those reviews weren’t done so in a favorable manner but there are still options I know as I’m going through it. I’ve been out for 8 years I lost faith in my beloved Army but I haven’t quit I’m persevering hoping that the wrongs will be righted. Call me an optimist but I’m trying to hold on to some fabric.
 
@Jason Perry

The MEB/PEB system is convoluted for most members. Every member ought to receive legal counsel when a MEB/PEB is initiated. I was very disappointed that Airman's Counsel would not talk to me until after the IPEB. In my case it was moot, but for many others early counsel may have been very helpful.
 
@Jason Perry

The MEB/PEB system is convoluted for most members. Every member ought to receive legal counsel when a MEB/PEB is initiated. I was very disappointed that Airman's Counsel would not talk to me until after the IPEB. In my case it was moot, but for many others early counsel may have been very helpful.


I agree, I should’ve went with my gut and appeal back then but I was in a toxic command environment and couldn’t take it anymore. I do agree that everyone should have legal representation in this process.
 
I concur, I think exhausting all channels of appeal and whatnot should be used, at the end of the day the Army culture is one of suck it up, drive on, and complaining to a guy right or wrong that is still sucking it up is not going to be found in your favor unless your MOH recipient and your being done dirty. Make those Comgressional aids work for you:).
 
@Jason Perry

The MEB/PEB system is convoluted for most members. Every member ought to receive legal counsel when a MEB/PEB is initiated. I was very disappointed that Airman's Counsel would not talk to me until after the IPEB. In my case it was moot, but for many others early counsel may have been very helpful.

Could not have said it better.
 
Could not have said it better.
Thanks @PEBMember2017

What makes the situation worse is that many of the installation level docs don't understand the system either. I had a great physician; wonderful person, former medical school professor, but the doc really did not grasp the MEB/PEB system. The NARSUM was so convoluted the PEB mandated that it be rewritten. So we have member who don't have professional understanding of the system being helped by docs that don't understand either.
 
Thanks @PEBMember2017

What makes the situation worse is that many of the installation level docs don't understand the system either. I had a great physician; wonderful person, former medical school professor, but the doc really did not grasp the MEB/PEB system. The NARSUM was so convoluted the PEB mandated that it be rewritten. So we have member who don't have professional understanding of the system being helped by docs that don't understand either.

Great points. The system is maddening, and what each branch of service should have established LONG AGO is a sort of online system that allows all members to track their package or status from the beginning through to the end, with each "update" in the process being added in, a sort of timestamp, before forwarding on to the next party. This would require all parties active/proactive participation. The DOD/VA joining hands in the IDES process is a first step, but much more needs to be done.

Also, everyone from doctors on down need to be thoroughly trained on the process, pick up a book, something. I was so frustrated by the complete lack of answers in my own process that it got to the point, after having read through this forum, the VASRD, learning DBQ's and how they're utilized, and each individual step in the process that I knew more than my PEBLO, doctor's etc. did. I made phone calls constantly and became my own advocate, despite my disabilities. I needed the peace of mind.

The combination of the waiting and not knowing is unacceptable, especially for people with either mental health issues and those who need to plan their lives post-military.
 
Being retired or separated is life changing. I agree the member is in the dark way to much. Given that the government holds the member to time standards, it is only fair the government hold itself to time standards.
 
Great points. The system is maddening, and what each branch of service should have established LONG AGO is a sort of online system that allows all members to track their package or status from the beginning through to the end, with each "update" in the process being added in, a sort of timestamp, before forwarding on to the next party. This would require all parties active/proactive participation. The DOD/VA joining hands in the IDES process is a first step, but much more needs to be done.

Also, everyone from doctors on down need to be thoroughly trained on the process, pick up a book, something. I was so frustrated by the complete lack of answers in my own process that it got to the point, after having read through this forum, the VASRD, learning DBQ's and how they're utilized, and each individual step in the process that I knew more than my PEBLO, doctor's etc. did. I made phone calls constantly and became my own advocate, despite my disabilities. I needed the peace of mind.

The combination of the waiting and not knowing is unacceptable, especially for people with either mental health issues and those who need to plan their lives post-military.

I could not agree more. Dominos allows me to track my pizza being baked and delivered
by the minute but the DOD cant show me where my medical packet is?
 
Hello and thank you for all your dedication!
I am currently in Korea waiting to be sent to WTU Conus for MEB since they don’t do meb in Korea.I have been waiting for a year to go back stateside. Recently I was involved in a misconduct incident and I am being recommended for administrative separation. The incident happened because I prescribed new medication for mental issues and I couldn’t handle the side effects.
I am alone in Korea my family is back home and I didn’t s’être for 2 years now because I am basically stuck in Korea.
I am crying out for help before it is too late.
My babe girl was born a year ago and I still praying to hold her. Too much pain and suffering in me. Help
 
Hello and thank you for all your dedication!
I am currently in Korea waiting to be sent to WTU Conus for MEB since they don’t do meb in Korea.I have been waiting for a year to go back stateside. Recently I was involved in a misconduct incident and I am being recommended for administrative separation. The incident happened because I was prescribed new medication for mental issues and I couldn’t handle the side effects.And the incident happened the very next day.
I am alone in Korea my family is back home and I didn’t see them for 2 years now (my Deros was May 2018)because I am basically stuck in Korea.
I am crying out for help before it is too late.
My babe girl was born a year ago and I still praying to hold her. Too much pain and suffering in me. Help
 
I think you should talk to someone about this ASAP. call or go to the clinic or supervisor. I am concerned for your safety. you need to be there for your baby.
 
Hello and thank you for all your dedication!
I am currently in Korea waiting to be sent to WTU Conus for MEB since they don’t do meb in Korea.I have been waiting for a year to go back stateside. Recently I was involved in a misconduct incident and I am being recommended for administrative separation. The incident happened because I prescribed new medication for mental issues and I couldn’t handle the side effects.
I am alone in Korea my family is back home and I didn’t s’être for 2 years now because I am basically stuck in Korea.
I am crying out for help before it is too late.
My babe girl was born a year ago and I still praying to hold her. Too much pain and suffering in me. Help

I am sorry to hear about your problems. I think you should seek immediate assistance to help you through this process.

It is not too late. Get help.

I hope all goes well for you. Any questions, please let us know!
 
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